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: substantial rights. Mares, 402 F.3d at 520. The district court made no comments suggesting it would have imposed a lesser sentence in the absence of mandatory guidelines. See United States v. Bringier, 405 F.3d 310, 317 (5th Cir.2005) (stating the issue as "whether [the defendant] has demonstrated that the sentencing judge would have reached a different result had it sentenced [the defendant] under an advisory scheme rather than a mandatory one"), cert. denied, U.S. -, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005) (No. 05-5535). Therefore, Tovar fails to demonstrate plain error. Tovar contends for the first time on appeal that the statute under which he was convicted, 21 U.S.C. 841, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, however, this issue is
Holding statements: (A) holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt (B) holding that ojther than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (C) holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt (D) holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (E) holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt

Output: (C)

Input: Consider Input: is limited in applicability to only cases, like this one, in which the total noneconomic damages awarded by the jury were in excess of both of the $250,000 caps and in excess of the $500,000 combined total of both applicable caps; the jury here awarded $1,725,000 in noneconomic damages. 29 . Chesser argues that because a jointly and severally liable defendant possesses a right of contribution, the statutory provisions at issue do not conflict. A right of contribution, however, presupposes that the defendant has actually paid the damages that is, has already been civilly liable for noneconomic damages in excess of the $250,000 cap applicable to that defendant, in violation of the express language of section 74.301(b). See Tex. Civ. Prac. & Rem.Code Ann. 33.015(a), (b) (West 2008) (<HOLDING>). 30 . Appellees concede that Hospital remains
Holding statements: (A) recognizing a right to contribution (B) recognizing that prior to 1949 when the statute permitting contribution among joint tortfeasors was enacted no right of contribution existed between jointtortfeasors in delaware (C) recognizing contribution in the appropriate case (D) recognizing in both subsections a right of contribution when a defendant has paid a percentage of damages greater than his percentage of responsibility (E) recognizing right of contribution against joint tortfeasor where release is obtained on his behalf

Output: (D)

Input: Consider Input: and misunderstanding of the local rules involving summar he district court abused its discretion in denying their Rule 60(b)(3) motion for relief from judgment. See Hesling v. CSX Tramp., Inc., 396 F.3d 632, 638 (5th Cir.2005). The Sangis did not provide the district court with clear and convincing evidence that FCC engaged in fraud or other misconduct or that any misconduct prevented them from fully and fairly presenting their case. See Gov't Fin. Servs. v. Peyton Place, Inc., 62 F.3d 767, 772 (5th Cir.1995). Rather the Sangis offered only allegations of fraud and misconduct. Nor have the Sangis shown exceptional circumstances to merit relief under Rule 60(b)(6). See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (<HOLDING>). IV. CONCLUSION For the foregoing reasons, the
Holding statements: (A) holding that the general rule that issues not raised in the lower court may not be addressed on appeal applies only to appellants (B) holding that privilege applies in similar factual circumstances (C) holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant (D) holding that cjredibility determinations are questions of fact and should only be overturned in extraordinary circumstances (E) holding that rule 60b6 only applies in extraordinary circumstances suggesting that the party is faultless in the delay
Output: (E)