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: defendant to trust the advice of his counsel in weighing the immigration consequences of his decision. Petitioner's counsel advised him that he would "in all likelihood, receive a sentence of only one to three years' imprisonment." (Id.) The fact that this turned out to be true, buttresses the court's conclusion that it was reasonable for Petitioner to rely on his counsel's advice in making his immigration decisions. Second, and more importantly, however, case law before IIRIRA held that even an alien who received a sentence longer than five years might have maintained eligibility for 212(c) relief, provided that the alien had not served five years of his sentence at the time of his removal hearing. See Matter of Ramirez-Somera, 1992 WL 301623, 20 I. & N. Dec. 564, 566 (BIA 1992) (<HOLDING>). Thus, the fact that Petitioner could have
Holding statements: (A) holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony (B) holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc 1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties (C) holding that a potential prison sentence of up to five years was clearly serious (D) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced (E) holding that an immigrant defendant is eligible for 212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence

A: (E)
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Q: 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

A: (E)
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Q: bank robber's statement even though the defendant has not stated that he intends to Idll the teller absent cooperation. See, e.g., United States v. Murray, 65 F.3d 1161, 1166-67 (4th Cir.1995)(eoneluding that a threat to shoot a firearm at a person during a robbery, created by an combination of threats or gestures that would put ordinary victim in reasonable fear of his life is express threat of death); United States v. France, 57 F.3d 865, 866-68 (9th Cir.1995)(adopting view of other circuits that statements and other conduct may constitute express threat of death in absence of robber's explicit threat to Mil victim); United States v. Hunn, 24 F.3d 994, 997 (7th Cir.1994) (rejecting restrictive reading of guideline); United States v. Robinson, 20 F.3d 270, 276-77 (7th Cir.1994)(<HOLDING>); United States v. Lambert, 995 F.2d 1006, 1008
Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that the statement i have a gun would cause a reasonable teller to fear being shot and that the phrase i am willing to use it would make a fear of death even more likely (C) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept (D) holding without detailed exposition that i have a gun and am not afraid to use it warranted enhancement (E) holding that i have a gun give me money may imply threat to use gun but was not an express threat of death

A:
(D)
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