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: matter, Moton requested that the trial court poll the jury, and the court agreed to do so. The first four jurors questioned all indicated that they freely and voluntarily agreed with the guilty verdict. The court ing that evidence showed that trial court's refusal to afford defendant first offender treatment was based on deliberate consideration of the case and sentencing options and, therefore, was not an abuse of discretion); Graydon, 313 Ga. App. at 581 (same). 15 Geiger v. State, 295 Ga. 648, 651 (3) (763 SE2d 453) (2014). 16 Graham v. State, 107 Ga. App. 332, 333 (1) (130 SE2d 166) (1963); see generally Boatwright v. State, 91 Ga. 13, 13 (16 SE 101) (1892). 17 Geiger, 295 Ga. at 651 (3) (punctuation omitted). 18 See Columbus v. State, 270 Ga. 658, 664-65 (4) (513 SE2d 498) (1999) (<HOLDING>). 19 Benefield v. State, 278 Ga. 464, 466 (602
Holding statements: (A) holding that trial court did not abuse its discretion in denying defendants motion for a continuance when record showed that contrary to defendants contention state did not fail to comply with discovery duties and that defendant failed to show that denial resulted in harm to his case (B) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (C) holding denial of continuance to be an abuse of discretion (D) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (E) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form

Answer: (A)

Question: appeals from the district court's order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. 2254 petition. We have jurisdiction under 28 U.S.C. 2253, and we affirm. Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson's motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) ("A motion under Rule 60(b) must be made within a reasonable time.... "); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (<HOLDING>). AFFIRMED. ** This disposition is not
Holding statements: (A) holding that an over twoyear delay without any excuse was unreasonable as a matter of law (B) holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable (C) holding it was not an abuse of discretion to deny funds (D) holding it was not an abuse of discretion to exclude testimony (E) holding that twoyear delay was not reasonable

Answer: (B)

Question: 3553(a) factor is a matter committed to the sound discretion of the district court." United States v. Clay, 483 F.3d 739, 743 (11th Cir. 2007) (quotation marks omitted). As a result, the district court did not abuse its discretion by imposing the upward variance. AFFIRMED. 1 . We note that the guidelines provide that an upward departure may be warranted if "the defendant's criminal history category substantially underrepresents the seriousness of the defendants conduct." U.S.S.G. 4A1.3(a)(1). Calderon does not argue that if the nature of his criminal history was actually underrepresented the district court could not consider that as a factor supporting its imposition of an upward variance instead of a departure. See United States v. Moran, 778 F.3d 942, 983-84 (11th Cir. 2015)
Holding statements: (A) holding that when a defendant qualifies as a career felon it is not necessary to ascertain the defendants criminal history category because the sentencing guidelines mandate a criminal history category of vi (B) holding that the district court did not abuse its discretion by imposing an upward variance after finding that the defendants criminal history category of i understated the seriousness of his criminal history (C) holding that defendants history of deportation and illegal reentry together with his serious criminal record justified the district courts upward variance (D) holding that a district court may depart upward based upon based criminal conduct when such conduct is not included in the computation of criminal history category (E) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category

Answer:
(B)