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.

Example Input: interest" at issue here because "[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals." Freedmen's Opp'n to Crittenden's Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation's claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity" and finds that the Nation's interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal
Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity
Example Output: (E)

Example Input: of death which does not meet these requirements is voidable by the donor (if he recovers) or his personal representative. Hulley v. Chedic, 22 Nev. 127,146, 36 P. 783 (1894). In other words, a gift in contemplation of death'is presumptively voidable by the personal representative of the deceased, and the presumption may be rebutted by the donee with clear and convincing evidence of the six elements listed above. Although Goldsworthy and Hulley are the only Nevada cases ever to have examined the gift causa mortis doctrine, and they have never been overruled, at least one Nevada case has suggested (in a different context) that the burden of proof may not be on the donee. North Arlington Medical Building, Inc. v. Sanchez Construction Company, 86 Nev. 515, 521, 471 P.2d 240, 244 (Nev.1970) (<HOLDING>). North Arlington is not really on point,
Holding statements: (A) holding a sentence within the advisory guidelines range is presumptively reasonable (B) holding that inter vivos gift to minor is presumptively effective under nrs 167040 (C) holding that the purpose of nrs 1760551 is to ensure that all time served is credited towards a defendants ultimate sentence (D) holding that belowguidelines sentence is presumptively reasonable (E) holding a delay approaching one year is presumptively unreasonable
Example Output: (B)

Example Input: criminality of the behavior. It remains unclear to this court whether the deciding officials at the FBI interpreted its policy to require a criminal finding, such that they could only investigate Doe if his surreptitious videotaping of his sexual liaisons was criminal. The record indicates that the deciding officials at OPR as well as Doe's own supervisors were under the impression that Doe's conduct violated state voyeurism laws, and was reasonably subject to criminal prosecution. On appeal, the AJ held that Doe's conduct likely did not violate the Ohio state voyeurism law, because Doe had not shown the videotapes to any other person and the females who had been taped waived their right to privacy with respect to Doe. See State v. Frost, 92 Ohio App.3d 106, 634 N.E.2d 272, 272 (1994) (<HOLDING>). Yet, while the Board agreed with the AJ's
Holding statements: (A) holding that when an employee had his duties changed but had no interest created or protected by the constitution or state law in those duties then no liberty interest claim was stated (B) holding the government waived its standing argument when it was put on notice the defendant would claim a privacy interest (C) holding that the district court had no right to apply the statute of limitations sua sponte because it had been waived (D) holding no violation of ohio state voyeurism statute when the privacy interest to be protected had been waived by the females who probably expected to be observed (E) holding statute of limitations is jurisdictional and may be raised at any time but noting other ohio appellate courts have held the statute of limitations is not jurisdictional and may be waived if not asserted at the trial level
Example Output:
(D)