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 Q]: variance criteria rendering its decision arbitrary and capricious; and, 5) erred in "taking" appellants' property without just compensation. The County supports appellants' contentions except for the last one, with which it disagrees. The County also contends the Board erred in applying the wrong law. The individual appellees, who opposed the variance applications, support the Board's decision. Discussion 1. Applicable Law A. State Law Before we address the merits of appellants' contentions, we shall address the County's contention that the Board applied inapplicable law. The County asserts that the Board incorrectly applied a presumption that the requested use did not conform to the purpose and intent of the Critical Area Program because, while that presumption was added 677 (2000) (<HOLDING>). In 2002, the General Assembly amended the
Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that the board did not have to consider whether denying the variance would have denied reasonable and significant use of the entire lot but rather whether denying the variance would have denied reasonable and significant use of the buffer (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that the question of whether it might have been error for the court to have denied leave to amend is not before us because plaintiffs never requested it (E) recognizing that a district attorney must have reasonable latitude in fairly presenting a case to the jury and that the trial judge must have reasonable discretion in deciding whether the bounds of propriety have been exceeded
[EX A]: (B)

[EX Q]: to the federal district court, see 28 U.S.C. 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a "fire code official" under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants' motion and dismissed Preston's case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston's appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927
Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc 7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
[EX A]: (E)

[EX Q]: at twelve after a two-point reduction for acceptance of responsibility. With a criminal history category of III, Scirotto's sentencing guideline range was fifteen to twenty-one months' imprisonment. The court rejected Scirotto's plea for a noncustodial sentence and sentenced him to the guideline minimum term of fifteen months' imprisonment and a $100 assessment. Scirotto filed a timely notice of appeal with a new attorney. He urges us not to enforce the appellate waiver, contending former counsel was ineffective during the guilty plea for failing to preserve for appeal the issue of sentencing guideline selection. II. The District Court had jurisdiction under 18 U.S.C. 3231. We have jurisdiction under 28 U.S.C. 1291. See United States v. Gwinnett, 483 F.3d 200, 203 (3d Cir.2007) (<HOLDING>). Our review of the validity and applicability
Holding statements: (A) holding that a waiver of right to appeal contained in a plea agreement is enforceable (B) holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding the court of appeals had subject matter jurisdiction notwithstanding a defendants waiver of appellate rights in a plea agreement (E) holding that a lack of a waiver of sovereign immunity deprives federal courts of subject matter jurisdiction
[EX A]:
(D)