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.

Q: testified that he examined bullets and casings found at both S & A Food Store and Fast Freddy's. He concluded that the .9 millimeter used in the S & A offense was also fired during the Fast Freddy's offense. Therefore, the State's evidence showed a strong correlation between the S & A offense and the Fast Freddy's offense, providing both intent and identity evidence in the Fast Freddy's offense and eliminating the need for the Vogt Street offense. c. No Need for Vogt Street Offense The evidence outlined above shows that the State's evidence of Russell's intent in the Fast Freddy's offense was strong; therefore, the need for the extraneous Vogt Street offense was minimal at best. See Montgomery, 810 S.W.2d at 390; Graff v. State, 65 S.W.3d 730, 740 (Tex.App.-Waco 2001, pet ref'd) (<HOLDING>). The State's evidence showing Russell's intent
Holding statements: (A) holding that the cumulative effect of the evidence was sufficient to establish that defendant constructively possessed the methamphetamine laboratory discovered in a bedroom she shared with a renter (B) holding that methamphetamine retained for personal use by the defendant who had been convicted of conspiracy to distribute the substance and never argued any of the methamphetamine was lawfully obtained was properly considered contraband with which he was directly involved and therefore relevant conduct (C) holding that the enhancement applied where the defendant possessed a firearm in connection with possessing methamphetamine (D) holding the state did not need this evidence of possession of 147 boxes of cold pills used to manufacture methamphetamine because the state had other convincing evidence to establish the defendants intent to deliver methamphetamine (E) holding that the state is not allowed to suppress evidence but it need not collect evidence for the defendant

A: (D)
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Q: WTT Project area as defined by the Corps. NEF contends that we need not consider the State's argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. "Rule 59(e) motions are 'aimed at reconsideration, not initial consideration.' " FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant's argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts
Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

A: (D)
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Q: during the amended period to above $6 per share, before crashing to $2. 19 as a result of FCPA-related disclosures. Doc. 63 at 3. As for Cuneo's own losses, his original loss chart only shows purchases prior to the corrective disclosures about FCPA subpoenas, raising doubts about whether he even has standing to represent FCPA-related claims. Doc. 70-2. Cuneo responds that HDY represents an aggregation of unrelated plaintiffs with lesser financial interest in the litigation. Doc. 69 at 15. An amended loss chart filed with Cuneo's amended complaint, however, shows he purchased additional stock after the first FCPA disclosure but sold it all prior to the second FCPA disclosure. Doc. 70-6 at 8. See Dura Pharma., Inc. v. Broudo, 544 U.S. 336, 342, 125 S.Ct. 1627, 161 L.Ed.2d 577 (2005) (<HOLDING>); In re Flag Telecom Holdings, Ltd. Sec.
Holding statements: (A) holding that plaintiff did not have standing to challenge the permit process where it could not show that it would ever be genuinely threatened by an unconstitutional prior restraint in this case (B) holding that a plaintiff would have to show that he was not promoted because of his race not that he was a member of a protected group and was not promoted (C) holding that where one plaintiff has standing we need not consider whether the other individual and corporate plaintiffs have standing to maintain the suit (D) holding that squatter in home did not have standing to challenge search of house where he was staying (E) holding a plaintiff did not have standing to show loss causation where he completely sold out of a security by the time the operative corrective disclosure was made

A:
(E)
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