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: Villafuerte, 502 F.3d 204, 207-08 (2d Cir.2007); see also United States v. Verkhoglyad, 516 F.3d 122, 128 (2d Cir.2008). In fact we identify no error in this case, plain or otherwise, because the district court's statement that it had "look[ed] at the relevant conduct, what happened with the fellow you got $250,000 from," and its statement that it had reviewed the Pre-sentence Report ("PSR") and "adopt[ed] the factual information that's contained" therein, are reasonably construed as an explicit adoption of the PSR's detailed explanation for why Patterson's conduct causing a $250,000 loss to a California victim was fraudulent and qualified as relevant to the crime of conviction pursuant to U.S.S.G. IB 1.3(a)(2). See generally United States v. Carter, 489 F.3d 528, 539 (2d Cir.2007) (<HOLDING>). We further conclude that the adopted PSR
Holding statements: (A) holding district courts adoption of the presentence report constitutes sufficient findings (B) holding that factual findings set forth in the psi not objected to by a defendant are deemed admitted (C) holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report (D) holding that express adoption of factual findings in presentence report is sufficient (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous

Answer: (C)

Question: (1993). This privilege has been given an "expansive reach" by California courts, as recognized by the California Supreme Court. See Rubin, 4 Cal.4th at 1194, 17 Cal.Rptr.2d 828, 847 P.2d 1044. This privilege affords absolute immunity against tort liability arising out of such a communication, regardless of attempts by the "plaintiff' to "plead around" this "absolute barrier." See id. at 1201-02, 17 Cal.Rptr.2d 828, 847 P.2d 1044. Thus, the immunity applies regardless of the particular label given to the cause of action (e.g., unfair competition). Section 47(b) protects participants in judicial proceedings from derivative tort actions based on communications in or regarding the judicial proceeding. See Dove Audio, Inc. v. Rosenfeld, 47 Cal.App.4th 777, 781-83, 54 Cal.Rptr.2d 830 (1996) (<HOLDING>). A "communication[ ] preparatory to or in
Holding statements: (A) holding that letter to possible coclaimants seeking support for filing of suit was covered by the privilege (B) recognizing privilege (C) holding that voluntary testimony by spouse is not covered by husbandwife privilege (D) holding that documents reflecting the department of educations review of a universitys compliance with title iv were covered by the privilege and rejecting the argument that a specific policy judgment is necessary for the privilege to apply because the privilege servesto protect the processes by which governmental decisions as well as policies are formulated (E) holding that the initial disclosure of a crime to one spouses without more is covered by the marital communications privilege

Answer: (A)

Question: is to convey to the juiy the correct principles of law applicable to the evidence so the jury can apply the proper legal principles to the facts and arrive at a proper conclusion based on the law and the evidence." People v. Peebles, 125 Ill. App. 3d 213, 217, 465 N.E.2d 539 (1984). If an IPI instruction does not state the law, the proffered instruction given on that subject should be simple, brief, impartial, and free from argument. If an appropriate IPI instruction does exist it must be used; however, the decision to give or refuse a non-IPI instruction is a matter within the sound discretion of the trial court. See 134 Ill. 2d R. 451(a); People v. Thomas, 175 Ill. App. 3d 521, 528, 529 N.E.2d 1071 (1988); see also People v. Sims, 265 Ill. App. 3d 352, 362, 638 N.E.2d 223 (1994) (<HOLDING>). An abuse of discretion occurs in refusing to
Holding statements: (A) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (B) holding that illinois courts give preference to applicable ipi instruction unless that particular instruction does not accurately state the law in that case the instructions may be modified or supplemented when the facts of a particular case make them inadequate (C) holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel (D) holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error (E) holding that a judgment on appeal constitutes the law of the case as to particular issues decided and is applicable throughout subsequent stages of the case

Answer:
(B)