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]: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) ("[W]e elect to review the district court's application of the advisory sentencing guidelines only insofar as they do not involve departures."); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for
Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law
[A]: (E)

[Q]: paid with Vested Funds and Seized Funds. And while the majority of the ICE contract price was paid with DFI money, approximately $12 million, the record reflects that $8 million of the contract price was paid with Seized Funds. Thus, defendants have failed, with respect to either contract, to demonstrate that no "claim" was submitted within the meaning of the-FCA. And, accordingly, they are not entitled to summary judgment on this issue. B. Presentment Before FCA liability will attach to a "claim" for payment under 3729(a)(1), the false or fraudulent "claim" must be "knowingly presented], or caus[ed] to be presented, to an officer or employee of the United Government or a member of the Armed Services of the United States." 31 U.S.C. 3729(a)(1); see also Totten II, 380 F.3d at 491 (<HOLDING>). This requirement ultimately presents no
Holding statements: (A) holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment (B) holding that presentment is a requirement of the fca (C) holding that the fca includes a materiality requirement (D) recognizing that criminal contempt is not initiated by an indictment or presentment (E) holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment
[A]: (B)

[Q]: the jury to hear Grindle's version of the events without his being subjected to cross-examination by the State. In this context, the court's exclusion of a single statement from the recorded interview was in no way prejudicial to his defense and did not violate his right to due process. See M.R. Evid. 412(b)(1)(C); see also Drewry, 2008 ME 76, 27-28, 946 A.2d 981. [ 13] We are also unpersuaded by Grin-dle's contention that the statement was admissible pursuant to Rule 412(b). Grin-dle sought to introduce his own hearsay opinion of the victim's sexual predisposition whereas the rule permits, in limited circumstances, evidence only of specific instances of an alleged victim's sexual behavior. See M.R. Evid. 412(b)(1)(A)-(B); cf. State v. Arnold, 421 A.2d 932, 937-38 (Me. 1980) (<HOLDING>). The court did not abuse its discretion in
Holding statements: (A) holding that opinion testimony was inadmissible to prove a persons character or character trait when maine rule of evidence 405 permitted only evidence of reputation or specific instances of conduct (B) holding that evidence of other crimes though generally inadmissible to show character is admissible to show for instance proof of motive or plan (C) recognizing that under the proper application of rule 608b extrinsic evidence of specific instances of bad conduct is made inadmissible when offered to prove a witnesss character for untruthfulness (D) holding counsel was not ineffective for making tactical decision to present character evidence in favor of the defendant which opened the door to states presentation of evidence of defendants bad character especially when limiting instruction mitigated any potential prejudice (E) holding impeachment evidence was not merely cumulative where the withheld evidence was of a different character than evidence already known to the defense
[A]:
(A)