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.
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Question: is "doubtful that the judicial interpretation of advisory Sentencing Guidelines promulgated by an independent commission implicates either of the twin concerns that motivate the rule of lenity.," United States v. Wright, 607 F.3d 708, 719 (11th Cir. 2010) (William Pryor, J., concurring). And in any event, the text of the guideline is clear" 'prior sentence' means a sentence imposed prior to sentencing on the instant Qffense," U.S.S.G. 4A1.2 cmt. 1. ' Burke's alternative'ground for appeal that the district court erred in calculating his sentence because his 1999 Florida conviction for armed robbery is not a "crime of violence" as that term is used in section 2K2.1(4)(A) of the Guidelinesis foreclosed by binding precedent. United States v. Fritts, 841 F.3d 937, 938 (11th Cir. 2016) (<HOLDING>); Lockley, 632 F.3d at 1246 (holding that a
Holding statements: (A) holding that armed robbery suspect was entitled to bail hearing even though armed robbery was considered capital offense under mississippi law because maximum sentence was life imprisonment (B) holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act (C) holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act (D) holding that violence is synonymous with force in affirming armed robbery conviction (E) holding that attempted burglary under florida law qualified as a crime of violence under the armed career criminal act 18 usc 924e2biihereinafter acca because it involves conduct that presents a serious potential risk of physical injury to another

Answer: (B)

Question: jurisdiction to exercise its discretion to treat the matter before it as a petition for a writ of certiorari. See, e.g., In re Temporary Custody of Five Minors, 105 Nev. 441, 777 P.2d 901 (1989). In light of the far reaching consequences of the issues presented, we are confident the district court would have exercised that discretion for the same reasons we have exercised our discretion to review the instant original petition. 3 Nev. Const, art. 6, 8. 4 NRS 4.370(3). 5 State of Nevada v. Justice Court, 112 Nev 803, 919 P.2d 401 (1996). 6 See generally NCJC Canon 2. 7 Nev. Const, art. 6, 8; NRS 4.370(3). 8 NRS 189.120; State v. Shade, 110 Nev. 57, 867 P.2d 393 (1994). 9 See Parsons v. State, 116 Nev. 928, 937, n.8, 10 P.3d 836, 841-42 n.8 (2000). 10 40 Nev. 228, 161 P. 737 (1916) (<HOLDING>). 11 106 Nev. 203, 789 P.2d 584 (1990) (holding
Holding statements: (A) holding a city liable for the unconstitutional firing of two clerks by a municipal judge when it was clear the city had delegated to him final administrative authority over employment matters (B) holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court (C) holding that the city had standing to challenge the constitutionality of a statute allowing certain communities within the same county as the city to incorporate as towns without the citys consent (D) holding that a municipal court had no constitutional or statutory authority to rule on the legality and constitutionality of a tax imposed on attorneys practicing within the city limits (E) holding that a blakely challenge fell within the defendants waiver of his right to appeal the constitutionality or legality of the guidelines

Answer: (D)

Question: the appellant's Fifth Amendment right to due process and whether the delay warranted some form of relief. Id. 25 . Id. at 102 (deriving these factors from the Supreme Court's speedy trial analysis in Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)). 26 . 63 M.J. at 136. 27 . It is also noteworthy that it took 1,179 days (approximately three years, two months) for the briefs to be filed after the Court of C 59 M.J. 34, 39-40 (C.A.A.F.2003). 33 . Moreno, 63 M.J. at 138-39. 34 . Dearing, 63 M.J. at 485; Moreno, 63 M.J. at 140. 35 . The Government's motions to file the declarations of Commander S.D. Rhoades and Mr. Robert Troidl are granted, and we have considered the contents of those declarations. 36 . United States v. Toohey, 63 M.J. 353, 362 (C.A.A.F.2006) (<HOLDING>); United States v. Harvey, 64 M.J. 13, 24-25
Holding statements: (A) recognizing that counsels conduct may be so egregious that no amount of showing of want of prejudice would cure it (B) recognizing that plain error exists only if failure to recognize the error would seriously affect the fairness or integrity of the judicial proceedings and that the plainerror doctrine is to be used sparingly solely in those circumstances in which a miscarriage of justice would otherwise result internal quotation marks omitted (C) holding that if trial courts verdict was based on hearsay statements of victim admitted in violation of the confrontation clause the error clearly would not only affect substantial rights but would seriously affect the fairness and integrity of the proceedings (D) holding that a tenmonth delay did not bar the motion where there was no demonstration of prejudice and because disqualification is in the public interest where there is an ethical violation (E) holding that where there is no finding of barker prejudice we will find a due process violation only when in balancing the other three factors the delay is so egregious that tolerating it would adversely affect the publics perception of the fairness and integrity of the military justice system

Answer:
(E)