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: judgment of the district court denying his petition for a writ of habeas corpus. We assume the parties' familiarity with the fac appealability on ineffective assistance of counsel, the "cause" Hernandez assigns for his procedural default, suggests that it intended to allow review of the procedural bar. However, even assuming that the district court wished this court to review its procedural bar finding or that we would grant a certificate of appealability on this issue, the correctness of the district court's central holding that there was no error, constitutional or otherwise in the state trial court's charge on intent is dispositive. The test for finding charge-based constitutional error is a strict one. See Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973) (<HOLDING>). We see no basis for finding a Fourteenth
Holding statements: (A) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error (B) holding that a trial court does not commit plain error unless the error is clear under current law (C) holding that any error was harmless and thus not plain error (D) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (E) holding that when defendant properly objects to charge error reversal required unless error was harmless

Answer: (D)

Question: CURIAM: Carlo Junior Seneeharles appeals his conviction and sentence for possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1) and 924(e). He raises three issues on appeal, which we address in turn. After review, we affirm Sen-echarles's con earm and ammunition had traveled through interstate commerce before the offense was committed, the Government established a minimal nexus between Senecharles's firearm and ammunition and interstate commerce, and the statute was constitutional as-applied to him. See United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir. 2011) (<HOLDING>). B. Armed Career Criminal Act Senecharles also
Holding statements: (A) holding 922g is not unconstitutional as applied to a defendant who possessed a firearm only intrastate when the government demonstrated that the firearm moved in interstate commerce (B) recognizing scarborough holding that commerce nexus satisfied upon showing that possessed firearm had traveled at some time in interstate commerce (C) holding that a defendant possessed a firearm in connection with a crime when the firearm was kept in a car across the street from where the defendant was selling drugs (D) 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 (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

Answer: (A)

Question: Our research has revealed a number of cases in which Illinois courts have considered whether the terms of section 4(h) of the Act support the implication of a statutory right of action for retaliatory conduct apart from actual discharge of the employee. See Bryce v. Johnson & Johnson (1983), 115 Ill. App. 3d 913 (plaintiff who was reassigned to a position at half his salary failed to state cause of action for violation of section 4(h) because he was not discharged); Bragado v. Cherry Electrical Products Corp. (1989), 191 Ill. App. 3d 136 (plaintiffs claim for wrongful termination of temporary total disability benefits was a matter for the Industrial Commission and not the basis for an action pursuant to section 4(h)); Cook v. Optimum/ Ideal Managers Inc. (1984), 130 Ill. App. 3d 180 (<HOLDING>); Miranda v. Jewel Cos. (1989), 192 Ill. App.
Holding statements: (A) holding that because of statutory remedial scheme court would not imply a cause of action arising directly under the state constitution (B) holding that court would not imply a statutory cause of action for employers interference in employees assertion of claim for compensation (C) holding that court would not imply a bivens cause of action for a prisoner held in a private prison facility (D) recognizing cause of action (E) holding that dismissal is proper for a derivative cause of action but not for a direct cause of action

Answer:
(B)