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:
despite the underlying circumstances. See United States v. Moudy, 132 F.3d 618, 620 (10th Cir.1998) (stating that “[ejvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so” and that this characterization applies “to all escapes, whether or not violence was actually involved”) (citing United States v. Gosling, 39 F.3d 1140, 1142 (10th Cir.1994)). C. Sixth Amendment Claim Finally, Mr. Flowers argues that the district court violated his Sixth Amendment rights by failing to submit the fact of his prior convictions to a jury. This argument is also foreclosed by circuit precedent. See United States v. Moore, 401 F.3d 1220, 1223, 1226 (10th Cir.2005) (<HOLDING>). III. CONCLUSION Accordingly, we AFFIRM Mr. 
 Holding statements: (A) holding that the fact of prior convictions under  924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under  924e (B) holding that district court may enhance sentence based on fact of prior convictions under  924e regardless of whether admitted by defendant or found by jury (C) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (D) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (E) holding that elements of statute which became  924e need not be reflected in indictment for crime charged
answer:
(A)


question:
because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: “Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State.” Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state “affirmatively command[ed]” the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d 
 Holding statements: (A) holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision (B) holding  2254d authorizes federal court to review state courts decision only and not explanation of decision (C) holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law (D) holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights (E) holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines
answer:
(E)


question:
statutes as providing tax exemptions unless those exemptions are “clearly expressed”). See Chickasaw Nation v. United States, 534 U.S. 84, 94-95, 122 S.Ct. 528, 151 L.Ed.2d 474 (2001). As the Supreme Court has cautioned, canons serve as “guides,” not “mandatory rules.” Id. at 94, 122 S.Ct. 528. Moreover,’ “[sjpecific canons are often countered ... by some maxim pointing in a different direction.” Id. (quotation omitted) (“[T]he canon that assumes Congress' intends its statutes to benefit [Native American] tribes is offset by the canon that'warns'us against interpreting federal statutes -as providing tax exemptions unless those exemptions are clearly expressed.”); see N. Arapaho Tribe v. Burwell, No. 14-CV-247-SWS, 118 F.Supp.3d 1264, 1284, 2015 WL 4639324, at *15 (D.Wyo. July 2, 2015) (<HOLDING>). See generally Karl N. Llewellyn, Remarks on 
 Holding statements: (A) holding indian tribes subject to gamblingrelated taxes from which states are exempt (B) holding that indian tribes lack tribal jurisdiction over crimes committed by nonmember indians within the tribes reservation (C) holding that federal legislation with respect to indian tribes  is not based upon impermissible racial classifications and noting that article i  8 of the constitution gives congress the power to regulate commerce  with the indian tribes (D) holding the americans with disabilities act not to abrogate tribal sovereign immunity and declaring congress abrogates tribal immunity only where the definitive language of the statute itself states an intent either to abolish indian tribes common law immunity or to subject tribes to suit under the act (E) holding that large employer mandate and related tax from the affordable care act apply to tribal nations despite congresss failure to specify tribes as large employers if congress wished to exempt indian tribes from this mandate that otherwise might be reasonably construed as applying to them it needed to do so explicitly
answer:

(E)