instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
States v. Frechette, 583 F.3d 374, 379 (6th Cir. 2009) (concluding that “[ejvidence that an individual subscribed to child pornography web sites supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material” (quotation omitted)); United States v. Gourde, 440 F.3d 1065, 1070-72 (9th Cir. 2006) (en banc) (concluding that payment and registration for a subscription to child pornography website supported a probable cause determination); United States v. Wagers, 452 F.3d 534, 540 (6th Cir. 2006) (noting that “evidence that a person has visited or subscribed to websites containing child pornography supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material”); United States v. Martin, 426 F.3d 68, 74-76 (2d Cir. 2005) (<HOLDING>); United States v. Bershchansky, 958 F. Supp. 
 Holding statements: (A) holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit (B) holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons (C) holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made (D) holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant (E) holding that affidavit supported probable cause determination when the affidavit stated only that an occupant of defendants home subscribed to child pornography egroup
answer:
(E)


question:
a court must construe the complaint in the light most favorable to the plaintiff, id., and “the court must assume the truth of all well-pleaded allegations.” Warren v. Dist. of Columbia, 353 F.3d 36, 39 (D.C.Cir.2004). 1. Equal protection “Unless a classification ... is drawn upon inherently suspect distinctions such as race, religion, or alienage,” statutory distinctions are presumed constitutional, and will survive a challenge if the classification is “rationally related to a legitimate state interest.” City of New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976). Although not every non-suspect legislative classification passes muster under rational basis review, see, e.g., Metro. Life Ins. Co. v. Ward, 470 U.S. 869, 882, 105 S.Ct. 1676, 84 L.Ed.2d 751 (1985) (<HOLDING>), “the judiciary may not sit as a 
 Holding statements: (A) holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts (B) holding that the tax was indirect even though the recipient could not shift the tax to others (C) holding that a preferential state tax rate for domestic businesses violated the equal protection clause because the states justifications  that the tax promoted domestic industry and encouraged investment in domestic assets  were not legitimate government interests since if they were any discriminatory tax would be valid if the state could show it reasonably was intended to benefit domestic business (D) holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety (E) holding that if federal income tax statutes are intended to benefit anyone it is the federal government to whom the withheld tax is to be remitted there is no indication anywhere in the language of the statutes that congress intended to confer rights on employees with respect to the withholding of tax
answer:
(C)


question:
669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism
answer:

(E)