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: industry is constitutional." Reply [# 29] at 3. Defendants maintain that "the Court may not rely on a federal regulation (9 C.F.R. 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established." Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS' powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA's warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely
Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

SOLUTION: (B)

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: was accompanied by an actual record that corroborated the summary contained in the certificate. Under these circumstances, Murphy's rights secured by the Confrontation Clause of the Sixth Amendment were not violated. The entry is: Judgment affirmed. 1 . Title 29-A M.R.S. 2412-A(1-A) (2008) has since been amended. P.L. 2009, ch. 297 1 (effective Sept. 12, 2009) (codified at 29-A M.R.S. 2412-AO-A) (2009)). Title 29-A M.R.S. 2412-A(1-A) states in relevant part: 1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person: A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person: (1) Has received written notice of a suspension or revocati P.3d 990, 996-97 (2007) (<HOLDING>). 11 . See United States v. Garcia, 452 F.3d
Holding statements: (A) holding that the admission of a certified document stating that defendants license was suspended was nontestimonial (B) holding that a certified abstract of a defendants driving record was nontestimonial (C) holding that certified records of maintenance are nontestimonial and are not prepared for any particular defendant (D) holding that a certified letter verifying that a defendant did not have a valid drivers license was nontestimonial and that washington courts have long recognized the inherent reliability and admissibility of driving records (E) holding that driving records were nontestimonial

SOLUTION:
(D)