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: substantial rights. Mares, 402 F.3d at 520. The district court made no comments suggesting it would have imposed a lesser sentence in the absence of mandatory guidelines. See United States v. Bringier, 405 F.3d 310, 317 (5th Cir.2005) (stating the issue as "whether [the defendant] has demonstrated that the sentencing judge would have reached a different result had it sentenced [the defendant] under an advisory scheme rather than a mandatory one"), cert. denied, U.S. -, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005) (No. 05-5535). Therefore, Tovar fails to demonstrate plain error. Tovar contends for the first time on appeal that the statute under which he was convicted, 21 U.S.C. 841, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, however, this issue is
Holding statements: (A) holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt (B) holding that ojther than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (C) holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt (D) holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (E) holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt

A: (C)
****
Q: on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is
Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography

A: (B)
****
Q: officers and the public in danger." (Pl.'s Compl. 14). The Court finds such speech to be of significant concern to the general public, as it is analogous to "speech on crime rates, police staffing, equipment shortages and related budgetary matters" that "quite plainly involve matters of public concern." Morris, 196 F.3d at 111; see White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1060 (2d Cir.1993) (stating that "a state police corps' performance of its duties is a matter of public concern"). Indeed, there is little doubt that the public has great interest in acquiring information about the proper functioning of its police force particularly where the information purports to directly relate to their own safety. See Cahill v. O'Donnell, 7 F.Supp.2d 341, 349 (S.D.N.Y.1998) (<HOLDING>). That certain of Plaintiffs statements concern
Holding statements: (A) holding that employees voluntary testimony is also inherently a matter of public concern (B) holding that investigations into purported police misconduct where civilians were or could have been harmed is a matter of public concern (C) holding that an officers report of misconduct by fellow officer is a matter of public concern (D) holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern (E) holding that alleged misconduct by public officials particularly by law enforcement officials is matter of public concern

A:
(B)
****