TASK DEFINITION: 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.
PROBLEM: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) ("[W]e elect to review the district court's application of the advisory sentencing guidelines only insofar as they do not involve departures."); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for
Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

SOLUTION: (E)

PROBLEM: was safe to operate, afforded discretion to the FAA to "make its own findings" whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. 385.17(f) is not a "check list." J.A. at 105. It leaves it to the FMCSA to determine whether a carrier's submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency's "implementation of a mechanism for compliance review" and necessarily require "balancing the objectives sought to be obtained against such practical considerations as staffing and funding," constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R.
Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision

SOLUTION: (D)

PROBLEM: to impeach or rebut the defendant's testimony. 16-8-107(1), 8A C.R.S. (1992 Supp.). In its analysis, the majority also discussed section 16-8-106, 8A C.R.S. (1986 & 1992 Supp.). Section 16-8-106(2) provides: (2) The defendant shall have a privilege against self-incrimination during the course of an examination under this section. The fact of the defendant's noncooperation with psychiatrists and other personnel conducting the examination may be admissible in the defendant's trial on the issues of insanity, competency, or impaired mental condition. 16-8-106(2), 8A C.R.S. (1986). 7 . Similarly, under the Federal Rules of Evidence, a specific objection is waived on appeal if not raised at trial. Fed.R.Evid. 103; see, e.g., United States v. Gomez-Norena, 908 F.2d 497, 499-500 (9th Cir.) (<HOLDING>), cert. denied, U.S. , 111 S.Ct. 363, 112
Holding statements: (A) holding that a party fails to preserve an evidentiary issue for appeal not only by failing to make a specific objection but also by making the wrong specific objection (B) holding party must make timely and specific objection at trial to preserve issue for appellate review (C) holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court (D) holding that in order to preserve an issue for review a party must make a timely and specific objection at trial (E) holding timely and sufficiently specific objection is required to preserve error

SOLUTION:
(A)