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.

Ex Input:
and misunderstanding of the local rules involving summar he district court abused its discretion in denying their Rule 60(b)(3) motion for relief from judgment. See Hesling v. CSX Tramp., Inc., 396 F.3d 632, 638 (5th Cir.2005). The Sangis did not provide the district court with clear and convincing evidence that FCC engaged in fraud or other misconduct or that any misconduct prevented them from fully and fairly presenting their case. See Gov't Fin. Servs. v. Peyton Place, Inc., 62 F.3d 767, 772 (5th Cir.1995). Rather the Sangis offered only allegations of fraud and misconduct. Nor have the Sangis shown exceptional circumstances to merit relief under Rule 60(b)(6). See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (<HOLDING>). IV. CONCLUSION For the foregoing reasons, the
Holding statements: (A) holding that the general rule that issues not raised in the lower court may not be addressed on appeal applies only to appellants (B) holding that privilege applies in similar factual circumstances (C) holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant (D) holding that cjredibility determinations are questions of fact and should only be overturned in extraordinary circumstances (E) holding that rule 60b6 only applies in extraordinary circumstances suggesting that the party is faultless in the delay

Ex Output:
(E)

Ex Input:
exception, which provides that "[t]here is no time limit on the filing of a motion to reopen" if the motion "is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding." 8 U.S.C. 1229a(c)(7)(C)(ii). After review of the administrative record and consideration of the parties' briefs, we dismiss the petition in part and deny the petition in part. I Ms. Lian acknowledges that binding circuit precedent prohibits us from reaching her challenge to the BIA's refusal to reopen her proceedings sua sponte under 8 C.F.R. 1003.2(a). See Lenis v. U.S. Att'y Gen., 525 F.3d 1291, 1293 (11th Cir.2008) (<HOLDING>). Nonetheless, Ms. Lian urges us to overrule
Holding statements: (A) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte (D) holding that a decision of the bia whether to reopen a case sua sponte under 8 cfr 10032a is entirely discretionary and therefore beyond the courts review ie the court lacks jurisdiction to review the bias decision not to reopen (E) holding that the court lacks jurisdiction to review legal arguments not raised before the bia

Ex Output:
(C)

Ex Input:
a user of file-sharing software has no reasonable expectation of privacy in his publicly shared files because it is not an expectation of privacy that society is willing to recognize. See United States v. Samples, No. 3-08-CR-12, 2011 WL 4907315, at *5 (N.D.Tex. Sept. 15, 2011) ("Counsel had no basis for challenging the use of forensic software to download files from a peer-to-peer network because a user of file-sharing software has no reasonable expectation of privacy in his public files."); see also United States v. Borowy, 595 F.3d 1045, 1048 (9th Cir.2010) ("Borowy's subjective intention not to share his files did not create an objectively reasonable expectation of privacy in the face of such widespread public access"); United States v. Stults, 575 F.3d 834, 842-45 (8th Cir.2009) (<HOLDING>); United States v. Perrine 518 F.3d 1196, 1205
Holding statements: (A) holding appellant failed to show any expectation of privacy in files stored on the computer system in his office was one that society accepts as objectively reasonable (B) holding that an agents use of filesharing program to access child pornography files on the defendants computer did not constitute an illegal warrantless search because the defendant had made those files accessible to others and thus lacked any reasonable expectation of privacy in files (C) holding stults had no reasonable expectation of privacy in files that the fbi retrieved from his personal computer where stults admittedly installed and used limewire to make his files accessible to others for file sharing one who gives his house keys to all of his friends who request them should not be surprised should some of them open the door without knocking (D) holding search of probationers computer by probation officers was reasonable even in absence of a search provision when conditions on probationers computer use reduced his expectation of privacy in his computer (E) holding that where there is no evidence of shared use or common authority an individual has a reasonable expectation of privacy in the files kept on a personally owned computer

Ex Output:
(C)