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.

sophisticated consumer" might well reach the same conclusion. In sum, particularly at this early stage, defendants cannot establish as a matter of law that Santander is a creditor exempt from the FDCPA. Thus, the motion to dismiss should be denied. TCPA Claims Defendants move to dismiss plaintiffs' claims under the TCPA based on an exception contained in 47 C.F.R. 64.1200(a)(2), which excepts calls to a residential line when made pursuant to an "established business relationship." It is difficult to imagine how that exemption would apply to Letricia Hamlett, who was not a signatory to the loan, but in fairness there is at least one case that supports this odd interpretation of the law. See Santino v. NCO Fin. Sys., Inc., No. 09-CV-982, 2011 WL 754874, at *6 (W.D.N.Y. Feb. 24, 2011) (<HOLDING>); but see Watson v. NCO Group, Inc., 462
Holding statements: (A) holding 2254 applies to administrative proceedings (B) holding that the fourteenth amendment only applies to state action (C) holding exemption applies to nondebtor (D) holding that fourteenth amendment only applies to state action (E) holding that 1447c applies to counsel
(C)

paid with Vested Funds and Seized Funds. And while the majority of the ICE contract price was paid with DFI money, approximately $12 million, the record reflects that $8 million of the contract price was paid with Seized Funds. Thus, defendants have failed, with respect to either contract, to demonstrate that no "claim" was submitted within the meaning of the-FCA. And, accordingly, they are not entitled to summary judgment on this issue. B. Presentment Before FCA liability will attach to a "claim" for payment under 3729(a)(1), the false or fraudulent "claim" must be "knowingly presented], or caus[ed] to be presented, to an officer or employee of the United Government or a member of the Armed Services of the United States." 31 U.S.C. 3729(a)(1); see also Totten II, 380 F.3d at 491 (<HOLDING>). This requirement ultimately presents no
Holding statements: (A) holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment (B) holding that presentment is a requirement of the fca (C) holding that the fca includes a materiality requirement (D) recognizing that criminal contempt is not initiated by an indictment or presentment (E) holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment
(B)

The court ultimately concluded, however, that the danger Mendoza posed to the community evidenced by the fact that, despite his relatively young age (twenty-five), Mendoza had a history of using aliases, two convictions for driving while impaired, and a prior conviction for assault with a deadly weapon trumped any leniency that these factors might otherwise support. Thus, the court opined that an upward variance was necessary to protect the public from any further crime Mendoza may commit. See 18 U.S.C. 3553(a)(2)(C). We thus conclude the district court's well-reasoned explanation amply justified the extent of the variance it imposed. Because there was no abuse of discretion in the district court's reasoning in this case, we will defer to it. See Diosdado-Star, 630 F.3d at 366-67 (<HOLDING>); see also United States v. Jeffery, 631 F.3d
Holding statements: (A) holding sentencing courts decision to impose a sentence six years longer than advisory guidelines range was reasonable because district court employed 3553based reasoning to justify the variance (B) holding sentence within properly calculated advisory guidelines range is presumptively reasonable (C) holding a sentence within the advisory guidelines range is presumptively reasonable (D) holding that district courts decision to exceed the advisory sentencing range in chapter 7 of the sentencing guidelines ussg 7b14 is reviewed for an abuse of discretion (E) holding booker error is avoided when district court calculates proper guidelines sentencing range treats guidelines as advisory and imposes reasonable sentence
(A)