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.

[Q]: to the federal district court, see 28 U.S.C. §§ 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a “fire code official” under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants’ motion and dismissed Preston’s case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston’s appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927 
 Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc  7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
[A]: (E)


[Q]: process.” Final Rule Establishing an Administrative Appeal Process for the Regulatory Program of the Corps of Engineers, 65 Fed. Reg. at 16488. Additionally, the preamble notes that, because physical circum stances can change over time, "JDs are not necessarily 'final' even as an administrative matter.” Id. Based on the foregoing, it seems rather doubtful that the Corps’ decision to certify Dr. Booth’s delineation constituted a final determination entitled to preclusive effect. See Zurcher v. Bilton, 379 S.C. 132, 135, 666 S.E.2d 224, 226 (2008) (issue preclusion applies when an issue has been "actually litigated and determined by a valid and final judgment”) (emphasis added). 10 . See Chasm Hydro, Inc. v. N.Y. State Dep't of Envtl. Conservation, 58 A.D.3d 1100, 872 N.Y.S.2d 235 (2009) (<HOLDING>). 11 . See Ouellette, 479 U.S. 481, 107 S.Ct. 
 Holding statements: (A) holding local regulation of hazardous waste disposal facilities preempted by comprehensive and detailed state regulatory scheme (B) holding that federal power act and cwa largely preempted the field of regulating hydroelectric facilities (C) holding pennsylvania statute regulating subrogation is a law regulating insurance (D) holding that subsequent congressional statute regulating registration of aliens retroactively preempted state law (E) holding that the plaintiffs state law claims are preempted by federal law
[A]: (B)


[Q]: he raises it to preserve it for possible review by the Supreme Court. He further argues that the age of his conviction, his subsequent work history and devotion to his family, and his motive for returning to the United States — to be with his family, in particular, his aging and ill parents — made a sentence within the guideline range greater than necessary to meet the goals. As he so concedes, his argument that the presumption of reasonableness should not apply to his sentence because § 2L1.2 lacks empirical support has been rejected by this court. See id. (rejecting the notion that this court should examine the empirical basis behind each guideline before applying the presumption of reasonableness); see also United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.2009) (<HOLDING>). Before imposing a sentence within the 
 Holding statements: (A) recognizing a presumption of reasonableness (B) holding that sentence within guidelines range enjoys a presumption of reasonableness (C) holding that we may apply a presumption of reasonableness to a sentence within the guidelines range (D) holding that any sentence that is properly calculated under the guidelines is entitled to a rebuttable presumption of reasonableness (E) holding that kimbrough does not require discarding the presumption of reasonableness for sentences based on nonempiricallygrounded guidelines
[A]:
(E)