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.

IV, V, VI and XIV. See Answee, Docket # 8, Exh. A, pp. 13-14. In order to allow the state courts the opportunity to act on or correct the violations alleged, the Applicant must do more than just invoke the magic words "fair trial," or "due process," or make only cursory citation to the appropriate constitutional amendments. He must provide legal theory explaining how the admission of the statements or testimony violated these particular federal constitutional rights. See, e.g., Anderson v. Harless, 459 U.S. 4, 7-8, 103 S.Ct. 276, 74 L.Ed.2d 3 (1982) (claim on direct appeal that jury instruction was reversible error did not fairly present due process challenge to instruction for habeas exhaustion purposes); Picard v. Connor, 404 U.S. 270, 276-77, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971) (<HOLDING>); see, also, Thomas v. Gibson, 218 F.3d 1213,
Holding statements: (A) holding in preaedpa case habeas applicant failed to fairly present federal claim to state court where despite presenting all necessary facts applicant failed to assert specific argument that he later tried to raise in federal court (B) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (C) holding that habeas petitioner scheduled to be executed in the state of virginia for capital murder could not raise claim of violation of his rights under the vienna convention on federal habeas review where he failed to preserve the claim by raising it in state court proceedings vienna convention does not trump subsequent federal statute requiring habeas petitioners who claim to be held in violation of treaties of the united states to develop factual bases for their claims in state court as a precondition of federal habeas review (D) holding applicants general state court claim was insufficient to exhaust his later more specific federal habeas claim (E) holding that a federal court may deny an unexhausted habeas petition on the merits when it is perfectly clear that the applicant does not raise even a colorable federal claim
(A)

ones in the present case, are capable of sustaining "direct physical loss or damage." The definition of "physical," as provided in the Oxford English Dictionary, is "[o]f or relating to natural phenomena perceived through the senses (as opposed to the mind); of or relating to matter or the material world; natural; tangible, conCrete." Oxford English Dictionary, Ohio courts have recognized that "[m]oney deposited in a fund is intangible property," Walther v. Central Trust Co., N.A., 70 Ohio App.3d 26, 32, 590 N.E.2d 375 (Ohio Ct.App.1990), and that "[i]ntangible personal property, by its very nature, is not capable of being physically possessed." Denezza v. Denezza, 1996 WL 111812, *2, 1996 Ohio App. LEXIS 935, at *5 (Ct.App. Mar. 15, 1996) (citation omitted) (<HOLDING>); see also Falck v. United States, 2005 WL
Holding statements: (A) recognizing limited partnership interest as intangible personal property (B) recognizing that property not subject to physical seizure such as mutual fund shares are intangible property (C) recognizing that the government may seek a personal judgment specific property or substitute property (D) holding that plaintiffs may have a property interest in real property (E) recognizing that partnership property is a type of ownership
(A)

court to apply the enhancement. United States v. Hall, 46 F.3d 62, 63-64 (11th Cir.1995) (per curiam). Evidence that a defendant used or could have used a firearm to protect his criminal activity is sufficient to show a connection between the firearm and the offense, and will thus satisfy the government's burden under 2Dl.l(b)(l). See United States v. Carillo-Ayala, 713 F.3d 82, 91-92, 94-95 (11th Cir.2013) ("While other facts, such as whether the firearm is loaded, or inside a locked container, might be relevant to negate a connection, there is a strong presumption that a defendant aware of the weapon's presence will think of using it if his illegal activities are threatened. The firearm's 'potential use is critical."); United States v. Hansley, 54 F.3d 709, 715-16 (11th Cir.1995) (<HOLDING>). With respect to whether a defendant has
Holding statements: (A) holding that the government was required to prove that the defendant lacked a license to possess a firearm but not that the defendant possessed the firearm for any duration of time (B) holding that the 2d11b1 enhancement was proper where a firearm and drugrelated items were found in the defendants residence where he had also engaged in conspiratorial conversations (C) holding that defendants personal items and sworn declaration and police officers testimony that the defendant had stayed in a house the night before are insufficient to establish defendants expectation of privacy (D) holding that government met its burden with evidence that agents found a firearm and other drugrelated items in the defendants house where defendant engaged in conspiratorial conversations (E) holding that the fortress theory applied where a firearm and marijuana were found on a night stand and cocaine was found in the same room as defendant had easy access to the firearm
(D)