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.
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Question: guidelines; and (4) that the special conditions of Neffs supervised release were beyond the limits described in 18 U.S.C. 3583(d). For the reasons explained below, the motion is denied in all respects. I. BACKGROUND On April 29, 1992, Anthony Neff was arrested on charges of driving while intoxicated by Nassau County Police who found in his possession a receipt from a licensed firearms dealership. The receipt indicated that on April 23, 1992, he had purchased a 12 gauge shotgun. Agents of the Bureau of Alcohol, Tobacco and Firearms ("ATF") interviewed the owner of the firearms dealership and discovered that Neff, who was then on parole for a 1989 attempted burglary conviction, had not revealed that he was a convicted felon when he executed ATF form 4473, a necessar 3 (3d Cir.1988) (<HOLDING>). Although this language appears broad in
Holding statements: (A) recognizing a claim that the sentence exceeded the statutory maximum (B) holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines

Answer: (A)

Question: v. Pembroke Real Estate, Inc., 459 F.3d 128, 142 (1st Cir.2006). Moreover, the broad scope of the Copyright Act definitions may be of limited assistance as the court applies a "common sense" analysis of whether a particular unfinished work may be covered by VARA. One of the co-sponsors of VARA observed that "we have gone to extreme lengths to very narrowly define the works of art that will be covered.... The definition is not synonymous with any other definition in the Copyright Act...." H.R.Rep. No. 101-514, at 11. In Lilley v. Stout, 384 F.Supp.2d 83 (D.D.C.2005), the district judge noted that "VARA established a new and distinct genus of art: 'works of visual art,' which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act." Id. at 86 (<HOLDING>). While this overview leaves much that is
Holding statements: (A) holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding negligence on the part of the attorney does not qualify for such relief (D) holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public (E) holding that purely reputational damage does not qualify for dueprocess protection

Answer: (A)

Question: [a] grievance ... opened him up to assault from his fellow inmates"); Carl v. Griffin, No. 08 Civ. 4981, 2011 WL 723553, at *5 (S.D.N.Y. Mar. 2, 2011) ("Defendants' alleged 'threats' and/or 'harassment' of Plaintiff were also insufficiently direct or specific to deter an ordinary inmate from exercising his first amendment rights."); Mateo, 682 F.Supp.2d at 434 (dismissing retaliation claim based on threats that plaintiff "should 'wait till he put his hands on me,' and that 'one day he and I will party' ") (internal citation omitted). In fact, this Court has granted summary judgment with respect to a retaliation claim based on a threat nearly identical to Titka's alleged threat to "get" Barrington. See Bartley v. Collins, 2006 WL 1289256, at *6 (S.D.N.Y. May 10, 2006) (Holwell, J.) (<HOLDING>). Accord Bilal v. New York State Dept. of
Holding statements: (A) holding that if you do not qualify under the hup test you never get to the statute (B) holding that verbal threats if they are specific can constitute adverse action for retaliation purposes (C) holding that verbal threats such as we going to get you you better drop the suit do not rise to the level of adverse action (D) holding do you think i need a lawyer to be ambiguous (E) holding that the district courts question do you also understand that under some circumstances you or the government may have the right to appeal any sentence that i impose did not comply with rule llbln and failed to properly notify the defendant about the waiver of his appellate rights

Answer:
(C)