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 Input:
Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed "plain." c. Did the plain error affect Thomas's substantial rights? An error affects a defendant's "substantial rights" if it is "prejudicial" and it "affected the outcome of the district court proceedings." Gore, 154 F.3d at 47. "Though 'prejudice' is also required to show that an error is not 'harmless,' pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that '[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65,
Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error

Ex Output:
(D)

Ex Input:
that is presumptively constitutional). The only case of which I am aware construing DeFillippo and denying qualified immunity is Carey v. Nevada Gaming Control Board, 279 F.3d 873 (9th Cir. 2002). But in that case "two Ninth Circuit cases [were] directly on point" because they had declared parallel statutes of other States permitting an arrest for refusing to identify oneself unconstitutional. Id. at 881. That of course does not remotely describe today's case. Nor does Sandul v. Larion, 119 F.3d 1250 (6th Cir.1997), offer any refuge to Leonard. It dealt not with the question whether an officer could be denied qualified immunity for failing to predict a judicial ruling declaring a statute unconstitutional but with whether the statute covered the plaintiffs conduct. See id. at 1256 (<HOLDING>). In the end, Leonard not only asks us to take
Holding statements: (A) holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause (B) holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same (C) holding that shouting epithets from a moving car did not provide probable cause to arrest the plaintiff under a disorderlyconduct statute (D) holding invalid warrant did not create probable cause for arrest (E) holding that warrantless arrest based on probable cause did not violate the fourth amendment

Ex Output:
(C)

Ex Input:
of record rather than the alien. The Federal Rules of Civil Procedure also favor notice of counsel of record rather than actual notice of the client. See Fed.R.Civ.P. 5(b) (stating that "whenever service under these rules is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court"). Case precedent also indicates that actual notice of an alien is not required under the INA. See Sewak v. INS, 900 F.2d 667, 669 n. 6 (3d Cir.1990) (noting in dicta that notice to attorney comprised actual notice to alien); Reyes-Arias v. INS, 866 F.2d 500, 502-3 (D.C.Cir.1989) (finding actual knowledge of attorney constitutes reasonable notice); Newton v. INS, 622 F.2d 1193, 1194 (3d Cir.1980) (<HOLDING>). Anin received notice as required by the INA.
Holding statements: (A) holding that notice to supervisor is notice to city (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice (D) holding that a defendant is not entitled to relief from default judgment because notice to an attorney of filing of motions and orders is constructive notice to the client even when the client did not have actual notice (E) holding that notice to original attorney not formally withdrawn comprised proper notice

Ex Output:
(E)