TASK DEFINITION: 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.
PROBLEM: on the basis of an otherwise constitutional statutory aggravator. 32 Even if we assume Graham supplies the proper analysis for challenging an aggravator, such a challenge fails here. Under Graham, a court "considers 'objective indicia of society's standards, as expressed in legislative enactments and state practice' to determine whether there is a national consensus against the sentencing practice at issue." 130 S.Ct. at 2022 (quoting Roper v. Simmons, 543 U.S. 551, 572, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)). In the past decade, the Supreme Court has used this approach in three death penalty eases. See Kennedy v. Louisiana, 554 U.S. 407, 446, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (concluding the death penalty cannot be imposed for rape); Roper, 543 U.S. at 578, 125 S.Ct. 1183 (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 321, 122
Holding statements: (A) holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime (B) holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution (C) recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved (D) holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment (E) holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed

SOLUTION: (E)

PROBLEM: is correct. We will also assume that the court's erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR's statement that he "recruited Wornick and Sella" into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, "[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes." United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant's recruitment of co-conspirators supports a 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304
Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under 3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under 3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under 3blla in part because he recruited coconspirators

SOLUTION: (E)

PROBLEM: decisions or actions of any state administrative agency or officer, and ... the validity of any rule promulgated by such agency or officer." R. 2:2-3(a)(2); see also Prado v. State, 186 N.J. 413, 422-23, 895 A.2d 1154 (2006). Our "jurisdiction extends not only to State agency action but also agency inaction." Pressler and Verniero, Current N.J. Court Rules, comment 3.1 on R. 2:2-3(a)(2) (2011) (emphasis added); see also N.J. Civil Serv. Ass'n v. State, 88 N.J. 605, 612, 443 A.2d 1070 (1982). The traditional meaning of an administrative agency is "[a] governmental body with the authority to implement and administer particular legislation." Black's Law Dictionary 63 09); Hartz Mountain Indus., Inc. v. N.J. Sports & Exposition Auth, 369 N.J.Super. 175, 187-88, 848 A.2d 793 (App.Div.) (<HOLDING>), certif. denied, 182 N.J. 147, 862 A.2d 56
Holding statements: (A) holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division (B) holding that the new jersey statute of limitations applicable to 1983 actions is njsa 2a142 (C) holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending (D) holding that decisions of the new jersey meadowlands commission established in but not of the department of community affairs njsa 13175a are appealable to the appellate division as of right (E) holding that the new jersey sports and exposition authority constituted as a body corporate and politic within the department of community affairs njsa 5104a is a state agency whose decisions are initially reviewable in the appellate division

SOLUTION:
(E)