Detailed Instructions: 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.
Problem:he raises it to preserve it for possible review by the Supreme Court. He further argues that the age of his conviction, his subsequent work history and devotion to his family, and his motive for returning to the United States to be with his family, in particular, his aging and ill parents made a sentence within the guideline range greater than necessary to meet the goals. As he so concedes, his argument that the presumption of reasonableness should not apply to his sentence because 2L1.2 lacks empirical support has been rejected by this court. See id. (rejecting the notion that this court should examine the empirical basis behind each guideline before applying the presumption of reasonableness); see also United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.2009) (<HOLDING>). Before imposing a sentence within the
Holding statements: (A) recognizing a presumption of reasonableness (B) holding that sentence within guidelines range enjoys a presumption of reasonableness (C) holding that we may apply a presumption of reasonableness to a sentence within the guidelines range (D) holding that any sentence that is properly calculated under the guidelines is entitled to a rebuttable presumption of reasonableness (E) holding that kimbrough does not require discarding the presumption of reasonableness for sentences based on nonempiricallygrounded guidelines
Solution:
(E)