user: 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:
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
answer:
(A)


question:
no indication that Mexican law should govern the claims at issue. Thus, under Texas’s most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995) 
 Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (E) holding immaterial breach did not constitute breach of contract
answer:
(B)


question:
argument resulted in prejudicial ineffective assistance of counsel. The record fairly supports the California Supreme Court’s summary denial of this claim. Claim 2i is denied on the merits. 1. & m. INTER-CASE AND IN-TRA-CASE PROPORTIONALITY Hamilton asserts defense counsel’s failure to research and demonstrate that the death penalty was excessive based on inter-case and intra-case proportionality, compared to sentences in similar cases and compared to his alleged accomplices, resulted in ineffective assistance of counsel. Hamilton does not make any offer of proof or showing which indicates defense counsel’s failure to research this issue resulted in ineffective assistance of counsel. This claim is foreclosed by Pulley v. Harris, 465 U.S. 37, 53, 104 S.Ct. 871, 79 L.Ed.2d 29 (1984) (<HOLDING>). The record fairly supports the California 
 Holding statements: (A) holding the jurys finding of a special circumstance with automatic review by the trial judge and the california supreme court sufficiently limits the risk of arbitrariness and capriciousness without comparative proportionality review (B) holding the issue of recusal of the trial judge to be preserved for appellate review must be raised in the trial court (C) holding that the supreme court has final appellate review of agency decisions (D) holding that it was error for the trial judge to answer a jurys question without giving defendants counsel an opportunity to be heard before the trial judge responded (E) holding that the ninth circuit is bound by the california supreme courts interpretation of california law
answer:


assistant: (A)