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: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance

A: (C)
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Q: Const, amend. XIV, 1 ("nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws") (emphasis added). Thus, the Fourteenth Amendment protects all persons, whether they can prove membership in a specially protected class or not. The Court does not, in so holding, suggest that membership in a particular class of persons is irrelevant to a determination of whether a constitutional violation has occurred. Courts must evaluate discrimination based on membership in an identified suspect class such as race, alien-age, or national origin, with the most strict scrutiny. See City of Cleburne v. Cleburne Living Center, 473 U.S. 432, 440, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985) (<HOLDING>). In contrast, the Eighth Circuit has held that
Holding statements: (A) holding that the government interest in preventing crime is compelling (B) holding on summary judgment that a regulation is narrowly tailored to serve a significant government interest (C) recognizing the compelling interest in highway safety (D) holding that such classifications are permissible only when suitably tailored to serve a compelling state interest (E) holding grandparent visitation statute serves compelling state interest in maintaining grandparentgrandchild relationship where grandparents had raised child for period of time but agreeing with trial court that something more than childs best interest must be established to serve compelling state interest

A: (D)
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Q: immunity exists. In Galvan v. Garmon, 710 F.2d 214 (5th Cir.1983), cert. denied 466 U.S. 949, 104 S.Ct. 2150, 80 L.Ed.2d 536 (1984), the fifth circuit held that when a probation officer erroneously prepared a motion for revocation of appellant's probation, she was only entitled to qualified immunity. The court distinguished its earlier case of Spaulding v. Nielsen, supra: We find Spaulding not controlling in the case at hand. Whereas in Spaulding the probation officer was acting at the direction of the court during the presen-tence report process, in the immediate case the probation officer acted at her own initiative and at a different phase of the criminal process less intimately associated with the judiciary. Galvan, at 215. See also Griffin v. Leonard, 821 F.2d 1124 (5th Cir.1987) (<HOLDING>). We note also third circuit decisions,
Holding statements: (A) holding that defendants are not entitled to qualified immunity (B) holding under facts presented that probation officer was entitled to at least qualified immunity (C) holding officials are entitled to qualified immunity for reasonable mistakes of law (D) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (E) holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity

A:
(B)
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