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.

[EX Q]: involvement with five or more kilograms of cocaine, arguing that he had withdrawn before El Don organized the delivery of the intercepted 7.2 kilograms of cocaine on March 25, 2011. Ortega argues that the sole evidence of a conspiracy existing at the time of the seizure of 7.2 kilograms of cocaine on March 25, 2011 was the April 17, 2011 phone calls between Ortega and El Don. In that call Ortega had arranged for El Don to buy five kilograms of cocaine. Ortega's argument is unavailing. A conspiracy between Ortega and El Don having been established by the government, the burden rested with Ortega to prove that he affirmatively withdrew from it, not with the government to prove the nonexistence of withdrawal. See Smith v. United States, U.S. -, 133 S.Ct. 714, 720, 184 L.Ed.2d 570 (2013) (<HOLDING>). We conclude that Ortega has not met his
Holding statements: (A) holding that in passing 21 usc 846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea (D) holding that defendant was responsible for the delay from the withdrawal of his guilty plea (E) holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence
[EX A]: (A)

[EX Q]: enter a residence without a warrant if an objectively reasonable basis exists for the officer to believe that there is an immediate need for police assistance for the protection of life or substantial property interests." Seibert v. State, 923 So.2d 460, 468 (Fla. 2006) (citing Rolling v. State, 695 So.2d 278, 293-94 (Fla. 1997)). Whether an emergency actually existed is immaterial "so long as the officer reasonably believes it to exist because of objectively reasonable facts. The officer's conclusion then may be based on a combination of the 'objective' nature of the circumstances and the officer's 'subjective' perception of those circumstances." State v. Boyd, 615 So.2d 786, 789 (Fla. 2d DCA 1993); see also Missouri v. McNeely, U.S. -, 133 S.Ct. 1552, 1559, 185 L.Ed.2d 696 (2013) (<HOLDING>). The record supports that law enforcement
Holding statements: (A) holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable (B) holding that in determining prejudice a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury (C) holding that the court must consider the totality of the circumstance when determining whether a law enforcement officer faced an emergency that justified acting without a warrant (D) holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith (E) holding a search permissible where the officer reasonably believed he faced an emergency situation that would result in the destruction of evidence
[EX A]: (C)

[EX Q]: a level of presumed prejudice and does not require a showing of prejudice as required under Strickland; it imposes the lesser burden of having to prove some adverse impact. 4 . In Dixson v. Quarles, 627 F.Supp. 50 (E.D.Mich.1985), the district court utilized this standard. On appeal, this court approved the district court's holding and analysis under that standard. Dixson v. Quarles, 781 F.2d 534 (6th Cir.1985), cert. denied, U.S. -, 107 S.Ct. 411, 93 L.Ed.2d 362 (1986). 5 . Assistant Prosecutor Schigur testified at the magistrate's evidentiary hearing that he would have considered accepting a plea from a single defendant under those conditions. 6 . But see Baty v. Balkcom, 661 F.2d 391, 396-97 (Former 5th Cir.1981), cert. denied, 456 U.S. 1011, 102 S.Ct. 2307, 73 L.Ed.2d 1308 (1982) (<HOLDING>). This holding of Baty has since been
Holding statements: (A) recognizing conflict (B) recognizing the conflict (C) holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed (D) holding that to demonstrate that a conflict of interest violated his sixth amendment rights a defendant must establish that an actual conflict of interest adversely affected his lawyers performance (E) holding that habeas petitioner need not demonstrate adverse effect on representation but need only prove an actual conflict to justify habeas relief on account of a conflict of interest
[EX A]:
(E)