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: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) ("[W]e elect to review the district court's application of the advisory sentencing guidelines only insofar as they do not involve departures."); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for
Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

A: (E)
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Q: States v. Frechette, 583 F.3d 374, 379 (6th Cir. 2009) (concluding that "[ejvidence that an individual subscribed to child pornography web sites supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material" (quotation omitted)); United States v. Gourde, 440 F.3d 1065, 1070-72 (9th Cir. 2006) (en banc) (concluding that payment and registration for a subscription to child pornography website supported a probable cause determination); United States v. Wagers, 452 F.3d 534, 540 (6th Cir. 2006) (noting that "evidence that a person has visited or subscribed to websites containing child pornography supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material"); United States v. Martin, 426 F.3d 68, 74-76 (2d Cir. 2005) (<HOLDING>); United States v. Bershchansky, 958 F. Supp.
Holding statements: (A) holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit (B) holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons (C) holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made (D) holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant (E) holding that affidavit supported probable cause determination when the affidavit stated only that an occupant of defendants home subscribed to child pornography egroup

A: (E)
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Q: The Court will therefore reduce Defendant's Bill of Costs by the entire $128.68 that Defendant attributed to necessary travel expenses for Ms. Burkhart, Ms. Hunt, and Ms. Smith. D. Westlaw Expenses Plaintiffs also object to Defendant's inclusion of $164.45 on its Bill of Costs that it attributed to "compensation for Westlaw usage." (Def.'s Application of Costs at 1.) In reviewing Plaintiffs' objection, the Court first notes that the cost of legal research services is not listed as an allowable expense in either the Local Rules or 28 U.S.C. 1920. Furthermore, the Court finds that the cost of legal research is more properly characterized as a component of attorneys' fees, not as a taxable cost of litigation. United States v. Merritt Meridian Constr. Corp., 95 F.3d 153 (2d Cir.1996) (<HOLDING>); Haroco, Inc. v. Am. Nat. Bank & Trust Co. of
Holding statements: (A) holding that attorneys fees would include expenses for computerized legal research and thus not allowing computerized legal research as a separate taxable cost (B) holding that computeraided research like any other form of legal research is a component of attorneys fees and cannot be independently taxed as an item of cost in addition to the attorneys fee award (C) holding that the costs of computerized research was a component of attorneys fees that cannot be independently taxed as an item of cost (D) holding that based on leftwich the law of this circuit is that computerbased legal research must be factored into the attorneys hourly rate hence the cost of the computer time may not be added to the fee award (E) holding that the costs of computerized research should be characterized not as taxable costs but as attorneys fees

A:
(A)
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