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.

Ex Input:
guidelines; and (4) that the special conditions of Neffs supervised release were beyond the limits described in 18 U.S.C. § 3583(d). For the reasons explained below, the motion is denied in all respects. I. BACKGROUND On April 29, 1992, Anthony Neff was arrested on charges of driving while intoxicated by Nassau County Police who found in his possession a receipt from a licensed firearms dealership. The receipt indicated that on April 23, 1992, he had purchased a 12 gauge shotgun. Agents of the Bureau of Alcohol, Tobacco and Firearms (“ATF”) interviewed the owner of the firearms dealership and discovered that Neff, who was then on parole for a 1989 attempted burglary conviction, had not revealed that he was a convicted felon when he executed ATF form 4473, a necessar 3 (3d Cir.1988) (<HOLDING>). Although this language appears broad in 
 Holding statements: (A) recognizing a claim that the sentence exceeded the statutory maximum (B) holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines

Ex Output:
(A)


Ex Input:
(9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are 
 Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter

Ex Output:
(A)


Ex Input:
request with a statement that counsel has examined these issues and found them to be without merit. Specifically, Coleman asserts that: (1) the Government violated 18 U.S.C.A. § 201 (West 2000), by presenting the testimony of witnesses who were presumably testifying in the hopes of obtaining a sentence reduction; (2) the district court erred at sentencing in converting the value of a half of a kilogram of cocaine powder into crack; and (3) his attorney provided ineffective assistance. Our review of these issues leads us to agree with counsel’s determination on issues (1) and (2). As to issue (3), a direct appeal is not the proper forum in this instance, because ineffective assistance is not clear on the face of the record. United States v. Hoyle, 33 F.3d 415, 418 (4th Cir.1994) (<HOLDING>). In light of the above determinations, we 
 Holding statements: (A) holding that petitioner did not procedurally default his ineffective assistance of counsel claim by failing to raise it on direct appeal (B) holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record (C) holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced (D) holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate (E) recognizing a constitutional claim for ineffective assistance of counsel

Ex Output:

(B)