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.

[Q]: 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
[A]: (C)

[Q]: Anderson claims that the trial court findings do not justify the decision to "increase" his child support on August 1, 1987. In other words, appellant construes the trial court's 1987 decision as a modification downward to $250 followed by a modification upward to $400. This is a misconstruction of the trial court's order. As the majority opinion indicates, the court did not make an upward modification. It does not follow, however, that the trial court could act without making findings on appellant's ability to pay child support. Without findings on appellant's ability to pay, or another indication that the trial court considered the facts as to appellant's ability to pay, the law commands us to remand the case rather than to affirm. Moylan v. Moylan, 384 N.W.2d 859, 864-65 (Minn.1986) (<HOLDING>). The dictates of Moylan should be applied. The
Holding statements: (A) holding trial court has jurisdiction to reconsider new trial order as long as case is pending (B) holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous (C) holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy (D) holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant (E) holding it improper to independently review the record to find support for a trial courts decision so long as it is unclear whether the trial court considered statutory factors
[A]: (E)

[Q]: that a colorable claim of innocence opens both gateways, it is still insufficient to override the longstanding rule that a freely and voluntarily entered guilty plea bars a collateral attack on the sufficiency of the evidence. Accordingly, we find that the district court did not err in summarily denying Woods' untimely and successive K.S.A. 60-1507 motion. Woods was not entitled to appointed counsel. As a final note, Woods argues in his brief that the district court needed to appoint him counsel. However, the district court is only required to provide counsel when the motion raises the sort of a substantial question of law or fact that requires a preliminaiy hearing. See Supreme Court Rule 183(i) (2015 Kan. Ct. R. Annot. 271); Lujan v. State, 270 Kan. 163, 170-71, 14 P.3d 424 (2000) (<HOLDING>). Given that the motion, files, and records
Holding statements: (A) holding that the trial court did not err by failing to hold an oral hearing on a motion to dismiss an appeal because the appellant was afforded a full opportunity to respond to the motion (B) holding that the lower court was not required to hold a hearing on a motion to transfer (C) holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves (D) holding that a motion for a preliminary injunction and a hearing on that motion were insufficient to prevent the plaintiff from dismissing by notice (E) holding that the district court may summarily dismiss the motion or determine that a potentially substantial issue or issues of fact are raised in the motion and hold a preliminary hearing after appointment of counsel
[A]:
(E)