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.

Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed "plain." c. Did the plain error affect Thomas's substantial rights? An error affects a defendant's "substantial rights" if it is "prejudicial" and it "affected the outcome of the district court proceedings." Gore, 154 F.3d at 47. "Though 'prejudice' is also required to show that an error is not 'harmless,' pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that '[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65,
Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
(D)

prolonged; and (4) the importance of the governmental interest alleged to justify the intrusion. Alpert, 816 F.2d at 964, citing United States v. Place, 462 U.S. 696, 708 n. 8, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983). DiGiovanni's continued investigation after issuing the warning was entirely reasonable in light of these factors. First, any detention incident to that investigation was of limited duration. The encounter between Rodriguez and law enforcement personnel, from the moment he was pulled over until the currency's discovery, lasted approximately forty minutes. Under these circumstances, even if Rodriguez's detention occupied that entire time interval, it might not suggest a Terry Stop of unreasonable scope. See United States v. McFarley, 991 F.2d 1188, 1194 (4th Cir. 1993) (<HOLDING>). However, the alleged detention here only
Holding statements: (A) holding that where officers had reasonable suspicion of a drug offense seizing defendants luggage for 38 minutes under terry did not mature into an unlawful arrest (B) holding suspect for 20 minutes constituted an arrest (C) holding that a defendants response to even an invalid arrest or terry stop may constitute independent grounds for arrest (D) holding that a seizure was unlawful because certain facts had dispelled the officers reasonable suspicion (E) holding that totality of circumstances supported reasonable suspicion that defendant was transporting drugs and therefore officer was justified in seizing truck
(A)

Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. 3582(c)(2). CLAY, Circuit Judge, concurring. Although I concur in the result reached by the majority, I hesitate to concur in the reasoning of the majority opinion because of the possibility that the district court lacked the jurisdiction to impose a sentence below the applicable statutory minimum sentence. See Melendez v. United States, 518 U.S. 120, 130-31, 116 S.Ct. 2057, 135 L.Ed.2d 427 (1996) (<HOLDING>). However, the jurisdictional issue, which was
Holding statements: (A) holding that when no statutory exception applies the district court lacks the authority to impose a sentence less than the statutory mandatory minimum (B) holding that a district court is not authorized to sentence a defendant below the statutory minimum unless the government filed a substantial assistance motion pursuant to 18 usc 3553e and ussg 5k11 or the defendant falls within the safetyvalve of 18 usc 3553f (C) holding that a district court lacks authority to pierce a statutory minimum sentence under ussg 5k11 (D) holding that a motion under 5k11 permitted a downward departure from the guideline range but that the departure could not extend below the statutory minimum sentence absent an additional motion by the government under 3553e (E) holding that government waived right to challenge alleged error of district court in failing to impose statutory minimum sentence under 841b1b by failing to object to sentence announced by district court
(C)