instruction:
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.
question:
the ammunition charge from the gun charges. II. DISCUSSION A. Sufficiency of the Evidence on the Unregistered Firearm Count Under 26 U.S.C. 5861(d), it is unlawful for any person to "possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record." For purposes of this provision, the definition of "firearm" includes a shotgun with a barrel less than eighteen inches in length or with an overall length less than twenty-six inches. 26 U.S.C. 5845(a). In order to obtain a conviction under 5861(d), the government must demonstrate that the defendant knew the barrel's length was less than eighteen inches or the overall length was less than twenty-six inches. See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (<HOLDING>); see also United States v. Michel, 446 F.3d
Holding statements: (A) holding that the government must prove the defendant knew of the features of the firearm that brought it within the scope of the act (B) holding the government must demonstrate the defendant knew of the characteristics of the firearm that required it to be registered (C) holding that while the government was required to prove that the defendants phone call crossed a state line the government did not need to prove that the defendant knew of the interstate nexus (D) holding that the government did not have to prove that the defendant knew that his acts violated the clean water act but merely that he was aware of the conduct that resulted in the permits violation (E) holding that the government was required to prove that the defendant lacked a license to possess a firearm but not that the defendant possessed the firearm for any duration of time
answer:
(A)

question:
basis in which defendants are considered. I question whether that concern for individuality exists under a system which not only admits expert testimony deduced without examining the subject but also, as in this case, accepts the possibility that jurors will allow that evidence, rather than factors more personal to a defendant's crime and character, to effectively condemn that individual to death. 1 . As the Court of Criminal Appeals admitted, "the State's case at [Flores'] punishment [hearing], to some extent, rested upon Dr. Griffith's testimony." Flores v. State, 871 S.W.2d 83, 77 L.Ed.2d 1090 (1983) (allowing the use of psychological testimony on a defendant's alleged "future dangerousness"); Penry v. Lynaugh, 492 U.S. 302, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (<HOLDING>); Franklin v. Lynaugh, 487 U.S. 164, 108 S.Ct.
Holding statements: (A) holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence (B) recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years (C) holding that the sentencing structure allowed the jury to give mitigating effect to petitioners prison record (D) holding that the key under pewy i is that the jury be able to consider and give effect to a defendants mitigating evidence in imposing sentence (E) holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background
answer:
(E)

question:
v. Green, 944 So.2d 208 (Fla.2006), Barrios-Cruz's motions are still untimely. Affirmed. KHOUZAM and MORRIS, JJ., Concur. 1 . Courts that have concluded that Padilla should be applied retroactively include: People v. Bennett, 28 Misc.3d 575, 903 N.Y.S.2d 696 (N.Y.Crim.Ct.2010); Marroquin v. United States, 2011 WL 488985 (S.D.Tex. Feb.4, 2011); United States v. Hubenig, 2010 WL 2650625 (E.D.Cal. Jul.l, 2010); United States v. Chaidez, 730 F.Supp.2d 896 (N.D.Ill.2010); Martin v. U.S., 2010 WL 3463949 (C.D.Ill. Aug.25, 2010); and Al Kokabani v. United States, 2010 WL 3941836 (E.D.N.C. Jul.30, 2010). Courts that have reached the opposite conclusion include: People v. Kabre, 29 Misc.3d 307, 905 N.Y.S.2d 887 (N.Y.Crim.Ct.2010); United States v. Macedo, 2010 WL 5174342 (N.D.Fla. Dec.15, 2010) (<HOLDING>); United States v. Hough, 2010 WL 5250996
Holding statements: (A) holding that cage has been made retroactive to cases on collateral review (B) holding simply that padilla was not made retroactive to cases on collateral review without further analysis (C) holding the supreme court has not held in a case or a combination of cases that the rule in johnson is retroactive to cases on collateral review and therefore it has not made johnson retroactive (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review that was previously unavailable (E) holding that padilla does not announce a new rule of constitutional criminal procedure and listing in footnotes three eases finding that padilla announced a new rule of criminal procedure and seven cases finding that padilla is simply the application of an old rule
answer:
(B)