instruction:
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.
question:
despite the underlying circumstances. See United States v. Moudy, 132 F.3d 618, 620 (10th Cir.1998) (stating that "[ejvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so" and that this characterization applies "to all escapes, whether or not violence was actually involved") (citing United States v. Gosling, 39 F.3d 1140, 1142 (10th Cir.1994)). C. Sixth Amendment Claim Finally, Mr. Flowers argues that the district court violated his Sixth Amendment rights by failing to submit the fact of his prior convictions to a jury. This argument is also foreclosed by circuit precedent. See United States v. Moore, 401 F.3d 1220, 1223, 1226 (10th Cir.2005) (<HOLDING>). III. CONCLUSION Accordingly, we AFFIRM Mr.
Holding statements: (A) holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e (B) holding that district court may enhance sentence based on fact of prior convictions under 924e regardless of whether admitted by defendant or found by jury (C) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (D) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (E) holding that elements of statute which became 924e need not be reflected in indictment for crime charged
answer:
(A)

question:
interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North
Holding statements: (A) holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration (D) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 (E) holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction
answer:
(C)

question:
include the offense of unlawful possession of a firearm by a felon, unless the possession was of a firearm described in 26 U.S.C. 5845(a)." 4B1.2 app. n. 1. A shotgun modified so that it "has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length" is a firearm described in 5845(a). See 26 U.S.C. 5845(a). As Lipscomb's instant offense of possession of a firearm by a convicted felon does not have the use, attempted use, or threatened use of physical force as an element and is not an enumerated offense, the issue here is whether Lipscomb's present offense "otherwise involves conduct presenting a serious risk of injury to another" under the residual clause of 4B1.2(a)(2). See United States v. Serna, 309 F.3d 859, 862 & n. 6 (5th Cir.2002) (<HOLDING>). A. Applicability of the Categorical Approach
Holding statements: (A) holding that north carolina crime of larceny from the person was a crime of violence under the residual clause of the career offender guideline (B) holding a defendant could not receive an enhanced sentenced under the residual clause of 4b12a2 following johnson (C) holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of 4b12a2 (D) holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another (E) holding that possession of a weapon is not in an of itself a crime
answer:
(C)