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: also have not obtained approval from any federal, state, or local government agency, which is a prerequisite for doing business in the heavily regulated alcohol industry. See, e.g., Adolph Coors Co. v. Bentsen, 2 F.3d 355, 356 (10th Cir.1993) (citing 27 U.S.C. 201-11); Fedway Assocs., Inc. v. United States Treasury, Bureau of Alcohol, Tobacco & Firearms, 976 F.2d 1416, 1418 (D.C.Cir.1992) (citing same); Delaware Alcoholic Beverage Wholesalers, Inc. v. Ayers, 504 A.2d 1077, 1078-80 (Del.1986) (citing Del.Code Ann. tit. 4, 101 et seq. (1984)). In the face of these multiple contingencies, the court cannot conclude that this case is ripe for decision. See Kiser v. Johnson, 404 F.Supp. 879, 886 (M.D.Pa.1975); cf. Abbott Labs. v. Zenith Labs., Inc., 934 F.Supp. 925, 938 (N.D.Ill.1995) (<HOLDING>). To paraphrase the Polaroid court, if this
Holding statements: (A) recognizing that although the fourth circuit has not yet addressed the issue partial discharge may be granted to the extent that it would be an undue hardship for the debtor to have to pay that portion of the loan that is to be discharged (B) recognizing that even if approval by the food and drug administration could be obtained within three months this approval had yet to be granted at the time of the courts decision and there was no guarantee that the approval would be forthcoming on any particular date in the future (C) holding that the date of the offense was material to the defense where defendant could not have anticipated from the date specified in the indictment that the state would present evidence that the crime occurred nearly two months later (D) holding that decision of this court unless or until overturned by this court en banc the federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims (E) holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself

Answer: (B)

Question: or property on which it is found, is insufficient to support a finding of possession." Murray v. United States, 403 F.2d 694, 696 (9th Cir.1969) (internal quotation marks and citations omitted). In other words, there must be additional proof of knowledge and control to sustain a conviction for possession. Although control of marijuana may be established by evidence that a person smoked marijuana, the smoke in the hotel room does not provide the additional proof necessary to sustain Petitioner's conviction. As discussed above, the record in this case supports merely an inference that someone smoked marijuana in the room, not that Petitioner, one of five occupants of the room, smoked marijuana. In Garrison, 272 Md. 123, 321 A.2d 767, Judge O'Donnell, writing for t .2d 252, 254 (1971) (<HOLDING>); Davis v. State, 9 Md.App. 48, 55, 262 A.2d
Holding statements: (A) holding evidence of presence of marijuana plants on property puckett jointly owned with his wife was not sufficient to create rational inference that puckett was in possession of the marijuana (B) holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search (C) holding evidence of marijuana plants on premises defendant owned with his wife insufficient where marijuana plants were grown in an uncultivated area and there was a total absence of evidence of the defendants involvement (D) holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase (E) holding that guilty plea to indictment charging distribution of 1000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea

Answer: (A)

Question: does not promise anything to the witnesses prior to their testimony." Shabazz, 336 F.3d at 165. Moreover, a witness's "general and hopeful expectation of leniency is not enough to create an agreement or an understanding that [he] would, in fact, receive leniency in exchange for [his] testimony." Id. at 163 (citation and internal quotation marks omitted). 9 . Respondent advises that Deyo's CPL 440.10 motion was denied following a hearing. R. Mem. at 28, n. 7. 10 . As respondent notes, Deyo's affidavit in support of his own 440.10 motion also was not part of the record on appeal in petitioner's direct appeal. R. Mem. at 32. 11 . Citation is to the pagination provided by CM/ECF. 12 . Miller-El, 537 U.S. at 336, 123 S.Ct. 1029; see Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007)
Holding statements: (A) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (B) holding when a district court denies a habeas claim on procedural grounds without reaching the underlying constitutional claim a coa may issue only when the petitioner shows that reasonable jurists would find it debatable whether 1 the claim is a valid assertion of the denial of a constitutional right and 2 the district courts procedural ruling was correct (C) holding that if the court denies a habeas petition on procedural grounds the certificate of appealability must show that jurists of reason would find debatable two issues 1 that the district court was correct in its procedural ruling and 2 that the applicant has established a valid constitutional violation emphasis in original (D) holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would find it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct (E) holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would conclude it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct

Answer:
(C)