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:
February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code 19.2-305.1(D) states that "[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof." The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court's October 26,
Holding statements: (A) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing (B) holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge (C) holding that the hearsay rule is not suspended in the sentencing phase (D) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (E) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses
answer:
(B)

question:
did not expressly note the officers' purpose in knocking on the defendant's door, but it is fairly clear from our description of the facts that they intended to arrest him. Although the defendant was standing inside the doorway of his room, we held that the officers lawfully arrested him because he " 'voluntarily exposed himself to warrantless arrest' by freely opening the door of his motel room to the police." Id. at 1426 (quoting United States v. Johnson, 626 F.2d 753, 757 (9th Cir.1980)). Unlike the officers in Jardines and in this case, the officers in Vaneaton were standing in the common space of a motel when they knocked, rather than in the curtilage of a home. We therefore have no need to overrule Vaneaton. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc) (<HOLDING>). Whether Vaneaton remains good law after
Holding statements: (A) holding that a three judge panel is free to reexamine the holding of a prior panel when the supreme court has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (B) holding that a threejudge panel may depart from circuit precedent that has not been expressly overruled when an intervening en banc or supreme court decision has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (C) holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled (D) holding that a three judge panel is not bound by prior circuit precedent if an intervening decision of a higher authority undercuts the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (E) holding a threejudge panel may not reexamine normally controlling circuit precedent in the face of an intervening united states supreme court decision unless the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority
answer:
(A)

question:
as C8 is currently on Plaintiffs land due to air emissions, such deposits cannot be remediated under RCRA's ISE provision. Defendant argues, first, that air emissions of C8 do not constitute "solid waste" under RCRA's definition. The portion of the definition of "solid waste" under RCRA that applies to Defendant's air emissions of C8 is that it is a "discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial ... operations." 6908(27). Defendant argues that since C8 was released into the air via stacks, it is not included in the definition of solid waste because it was an "uncontained" gaseous material, not a "contained" gaseous material as required by RCRA. See United States v. Sims Bros. Const., 277 F.3d 734, 740 (5th Cir.2001) (<HOLDING>). The court in Sims Bros Const., however, dealt
Holding statements: (A) holding that for gaseous material to be solid waste it must be contained (B) holding that a violation of the act founded upon a material omission must be deliberate (C) holding that prejudice cannot merely be alleged it must be affirmatively proved (D) holding that in order for claim to be within scope of coverage of title insurance policy it must be specifically provided for (E) holding that an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved
answer:
(A)