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.

Q: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

A: (E)
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Q: automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution”). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake. 9 . The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir.1994) (<HOLDING>); United States v. Reis, 906 F.2d 284 (7th 
 Holding statements: (A) recognizing that among the circumstances accepted as providing exigent circumstances for a warrantless search are those where a true emergency exists (B) holding that officers cannot base a warrantless search on an exigent circumstance of their own creation (C) holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest (D) holding that camey notwithstanding the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a warrantless search (E) holding that parole status alone is insufficient to justify search of a parolee

A: (D)
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Q: risk; and (3) explained the consequences of not installing a ROPS when it sold the tractor. However, this report did not address whether the average user of a tractor would recognize the risk of harm from operating one without a ROPS or whether Bren-Tex had reason to know that someone was likely to operate the tractor without understanding that risk or otherwise lacking the competence to operate the tractor safely without one. Moreover, when Bren-Tex objected to the admission of this exhibit as hearsay and lacking testimony to authenticate it, it was expressly offered and admitted into evidence merely as evidence “of the case that was being built against Bren-Tex,” and not for the truth of the matters asserted. 13 . See Nichols v. Westfield Indus., Ltd., 380 N.W.2d 392, 401 (Iowa 1985) (<HOLDING>); Ky. Utils. Co. v. Auto Crane Co., 674 S.W.2d 
 Holding statements: (A) holding that section 388 of the restatement does not require the supplier to give information concerning available means for amelioration of obvious dangers even though the supplier is aware of those means and the party to whom the chattel is supplied is not (B) holding party seeking disqualification waives attorneyclient privilege as to the court so the court may assess the contents of allegedly confidential information and the party may present the information either in a hearing out of the presence of the party against whom confidentiality is to be protected or in camera inspection (C) recognizing the availability of a cause of action by manufacturer against supplier under consumer fraud act (D) holding that when the united states is a named party participates in the general action and is or may be interested in the outcome of an appeal even though it is not a party to the appeal it is a party for purposes of frap 4a (E) holding under section 388 of the restatement seoond of torts defendants had no duty to warn injured tractor driver that tractor lacked a rops because this was an open and obvious danger

A:
(A)
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