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:
involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega’s argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, — U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his 
 Holding statements: (A) holding that in passing 21 usc  846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence
answer:
(A)


question:
Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed “plain.” c. Did the plain error affect Thomas’s substantial rights? An error affects a defendant’s “substantial rights” if it is “prejudicial” and it “affected the outcome of the district court proceedings.” Gore, 154 F.3d at 47. “Though ‘prejudice’ is also required to show that an error is not ‘harmless,’ pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that ‘[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65, 
 Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
answer:
(D)


question:
or the Commission’s considered decision to impose a sentence at or near the maximum authorized only on those offenders who have engaged in three or more felonies. Instead, it allows the draconian effect of § 4B1.1 to reach even two-time offenders, in effect, redefining career offender status. Third, treating these sentences as separate also has implications for the reality and the appearance of fundamental fairness in sentencing. While an offender “has no substantive right to a particular sentence,” the Supreme Court has recognized that the “procedure which leads to the imposition of sentence” does implicate due process concerns. Gardner v. Florida, 430 U.S. 349, 358, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977); see Townsend v. Burke, 334 U.S. 736, 741, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948) (<HOLDING>). And those concerns are triggered where the 
 Holding statements: (A) recognizing that concerns for officer safety warrant criminal history check during traffic stop (B) recognizing due process concerns inherent in sentencing based on false criminal history (C) holding that sentencing criminals in part based on criminal history is rationally related to a legitimate government interest (D) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category (E) holding that request for departure in sentencing based on a criminal history category that overstated defendants record violated plea agreement that prohibited departure requests but did not stipulate to a specific criminal history category
answer:

(B)