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.

Input: Consider Input: is correct. We will also assume that the court's erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR's statement that he "recruited Wornick and Sella" into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, "[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes." United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant's recruitment of co-conspirators supports a 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304
Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under 3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under 3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under 3blla in part because he recruited coconspirators

Output: (E)

Input: Consider Input: the conversations as they occurred. Further, this officer testified that after speaking with Diana Buchanan during her arrest, he was "convinced" that the voice on the tape was Diana Buchanan's. Although the district court did not elicit testimony as to all the Biggins elements, the officer sponsoring the recording gave adequate testimony to support the recording's reliability. All the voices were identified, and there was no intimation that the tape had been altered. Further, the testifying officer explained how the recording was made, and testified as to its accuracy. Accordingly, we cannot say that the district court abused its discretion in admitting the tape as an accurate reproduction of relevant conversations. See United States v. Lance, 853 F.2d 1177, 1181-82 (5th Cir.1988) (<HOLDING>). C Diana Buchanan next argues that the
Holding statements: (A) holding that the 2d11b1 enhancement was proper where a firearm and drugrelated items were found in the defendants residence where he had also engaged in conspiratorial conversations (B) holding recordings properly authenticated where law enforcement agents who participated in the taped conversations testified that according to their memories the audio and video tapes contained accurate recordings of the conversations that occurred (C) holding that foreign bank documents found inside a persons home were properly authenticated (D) holding that the plaintiffs fourteenth amendment substantive due process claim was foreclosed because the fourth amendment provided protection for their claim that law enforcement officers participated in an unlawful seizure of their mobile home (E) holding that government met its burden with evidence that agents found a firearm and other drugrelated items in the defendants house where defendant engaged in conspiratorial conversations

Output: (B)

Input: Consider Input: language, petitioner urges us to entertain jurisdiction on two bases. First he argues that because he challenges the constitutionality of INA 212(a)(2)(C), resolution of the constitutional claim is a necessary part of the jurisdictional inquiry. Sareang Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000) (when determination of the merits is necessary to determine jurisdiction, "the jurisdictional question and the merits collapse into one"). We have held that "the terms of [IIRIRA section 309(c)(4)(G) ] preclude direct appellate review of constitutional issues" and that "[a] literal reading of IIRIRA section 309(c)(4)(G), precluding direct review of constitutional claims, is consistent with one of the central purposes of IIRIRA." Alfaro-Reyes v. INS, 224 F.3d 916, 921 (9th Cir.2000) (<HOLDING>). Furthermore, because the constitutionality of
Holding statements: (A) holding that because 28 usc 2241 habeas corpus relief is available to review constitutional claims congress preclusion of direct appeals in iirira see tion 309c4g does not offend the due process clause of the constitution (B) holding that iirira 309c4g repealed this courts jurisdiction over petitions for review filed by aliens who are deportable for having committed enumerated criminal offenses but did not repeal 28 usc 2241 (C) recognizing that after iirira habeas review remains available to raise substantial constitutional questions (D) holding that because the farr act does not expressly mention habeas corpus or 28 usc 2241 it does not eliminate habeas jurisdiction (E) holding that jurisdictionstripping provisions of iirira did not preclude aliens convicted of aggravated felonies from pursuing habeas relief pursuant to 28 usc 2241
Output: (A)