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 Q]: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner’s counsel advised him that he would “in all likelihood, receive a sentence of only one to three years’ imprisonment.” (Id.) The fact that this turned out to be true, buttresses the court’s conclusion that it was reasonable for Petitioner to rely on his counsel’s advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for § 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have 
 Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc  1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for  212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence
[EX A]: (E)

[EX Q]: ... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law.” 593 F.2d at 267. He noted also that “the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction.” I do not find any error in this conclusion. Shortly after this court decided Pilón, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the 
 Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
[EX A]: (B)

[EX Q]: an explosive in terms of its primary or common purpose, we hold that the Government need not show that a device is actually able to explode to prove that a defendant knowingly possessed an explosive under § 842(i)(l); it need only prove that the defendant knew he possessed dynamite or other chemical compound, mixture, or device that was primarily designed to function by explosion. Finally, Mr. Markey argues that because he believed in good faith that the dynamite could not explode, he should be exonerated. This contention appears to be one of ignorance of the law — “I thought the law applied differently than it does.” See United States v. Capps, 77 F.3d 350, 353 (10th Cir.1996). This type of argument is “easily rejected.” See United States v. Reed, 114 F.3d 1053, 1057 (10th Cir.1997) (<HOLDING>). Accordingly, evidence concerning Mr. Markey’s 
 Holding statements: (A) holding that a claim is not moot where there is a viable damages claim (B) holding that a good faith belief that a firearm is inoperable is not a viable defense to 18 usc  922g (C) holding that good faith is a defense to the willful filing of false statements under 18 usc  1001 (D) holding for the purposes of 18 usc  924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc  924e2b (E) holding that the test for good faith is the actual belief of the party and not the reasonableness of that belief
[EX A]:
(B)