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:
Eighth Circuit and a pair of nonprece-dential decisions from this court, all of which assume that lying to a supervising probation officer is a violation of 18 U.S.C. § 1001(a), a felony. See United States v. Wagner, 573 Fed.Appx. 598, 598-99 (7th Cir. 2014); United States v. Quillman, 409 Fed.Appx. 18, 21 (7th Cir. 2011); United States v. Grimes, 54 F.3d 489, 491-92 (8th Cir. 1995). But Grimes was decided before Congress amended § 1001 to exempt from its coverage any false statement made to a “judge or magistrate” by a party in a “judicial proceeding,” 18 U.S.C. § 1001(b), and we haven’t yet considered whether, or to what extent, that exemption covers lies made to a probation officer by a person under supervision, compare United States v. Horvath, 492 F.3d 1075, 1076 (9th Cir. 2007) (<HOLDING>), with United States v. Vreeland, 684 F.3d 653, 
 Holding statements: (A) holding that probation is not a sentence (B) holding that defendants lies to probation officer preparing presentence report fall within  1001b exception if probation officer must include particular statement in report (C) holding defendants statement that presentence report was correct did not constitute admission to the nature and cireumstances of the crime reflected in the report (D) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (E) holding that the defendants statements to the probation officer were insufficient to satisfy the safety valves fifth requirement the probation officer is for purposes of  5c12 not the government
answer:
(B)


question:
or “plain error” exists. See, e.g., State v. Brown, 853 P.2d 851, 853-54 (Utah 1992); State v. Gibbons, 740 P.2d 1309, 1311 (Utah 1987); State v. Steggell, 660 P.2d 252, 254 (Utah 1983). In the present case, or in any similar case, the only way that a defendant could challenge the constitutionality of section 78 — 3—31(6)(a) would be first to consent to a hearing by a commissioner and then to challenge the validity of that very consent. Such a procedure would likely be futile inasmuch as it would invariably result in the withdrawal of the consent, either by the defendant or by court order. Indeed, absent the approach taken by Ohms, it is unlikely that section 78-3-31(6)(a) would ever be subject to constitutional scrutiny. This is precisely the sort of exceptional circu Ct.App.1990) (<HOLDING>). For example, a legislator cannot appoint 
 Holding statements: (A) holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others (B) holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes (C) holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority (D) holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body (E) holding that legislative functions such as powers of zoning and rezoning cannot be delegated
answer:
(D)


question:
in determining whether a misrepresentation or omission is material. Pames, 122 F.3d at 547. In this case, the written notice in the supplement that the minimum offering was being lowered to $10,000,000 rendered any contrary oral misrepresentations immaterial. Carr, 95 F.3d at 547. iv. IPO in 2000 Blackmon claims that the Nexity defendants misrepresented the likelihood that Nexity would conduct an IPO in 2000. He argues that Nexity had not hired an investment advisor or otherwise prepared to conduct an IPO when it represented that it anticipated conducting an IPO. Thus, Blackmon argues, the Nexity defendants materially misrepresented that Nexity would conduct an IPO when there was no such prospect. Although the POM and Ken Vassey, a Nexity officer, may have , 357-58 (2d Cir.2002)(<HOLDING>). Therefore, any representation by Nexity and 
 Holding statements: (A) holding that deliberate or reckless omissions of facts that tend to mislead are false statements for franks purposes (B) holding that written information cures oral misstatements and omissions (C) holding that representations and omissions must be considered together and in context to determine whether they affect the total mix of information and mislead a reasonable investor (D) holding that a plaintiff must plead with specificity as to the statements or omissions considered to be fraudulent the speaker when and why the statements were made and an explanation of why they were fraudulent (E) holding that to determine whether minimum wage law has been violated one must divide total weekly pay received by total number of hours worked
answer:

(C)