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.

Example Input: involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega's argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his
Holding statements: (A) holding that in passing 21 usc 846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence
Example Output: (A)

Example Input: because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: "Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State." Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state "affirmatively command[ed]" the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d
Holding statements: (A) holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision (B) holding 2254d authorizes federal court to review state courts decision only and not explanation of decision (C) holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law (D) holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights (E) holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines
Example Output: (E)

Example Input: V. Conclusion We reverse the trial court's judgment denying the City's plea to the jurisdiction and the Aldermen and Mayor's motion for summary judgment as to Elizabeth's whis-tleblower claims. We render judgment that the City, Aldermen, and Mayor are immune from suit on Elizabeth's whistle-blower claims. We affirm the remainder of the trial court's judgment. 1 . Tex. Gov't Code Ann. 554.001-.010 (Vernon 1994 & Supp.2001). 2 . City of Houston v. Kilburn, 849 S.W.2d 810, 812 n. 1 (Tex.1993); see also City of Lancaster v. Chambers, 883 S.W.2d 650, 653-54 (Tex.1994); Putthoff v. Ancrum, 934 S.W.2d 164, 168 (Tex.App.Fort Worth 1996, writ denied). 3 . City of Beverly Hills v. Guevara, 904 S.W.2d 655, 656 (Tex.1995); Putthoff, 934 S.W.2d at 174 n. 2. Compare Kilburn, 849 S.W.2d at 812 (<HOLDING>). 4 . Will v. Mich. Dep't of State Police, 491
Holding statements: (A) holding that city could not appeal based on sovereign rather than official immunity under section 510145 (B) holding that the sovereign immunity defense may be raised for the first time on appeal (C) holding that dismissal pursuant to a plea to the jurisdiction based on sovereign immunity is with prejudice (D) holding that because a city inspector was not entitled to official immunity the city was not entitled to vicarious official immunity (E) holding that plaintiffs claim was not barred by sovereign immunity because he sought specific relief against a government official
Example Output:
(A)