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: was indeed barred (or limited) under the mandatory Guidelines regime, see Koon, 518 U.S. at 92-95, 116 S.Ct. 2035, the alternative sentencing methodology employed by his sentencing court did not treat the Guidelines as mandatory. Nor did the court exclude or limit its consideration of any category of sentencing factors. To the contrary, the court extended Simpson an open-ended invitation to make mitigating arguments, regardless of whether they would have been available under the Guidelines scheme. See Sentencing Hr'g Tr. 25-26. And Simpson responded to that invitation by citing a series of factors in support of a sente 440 (D.C.Cir.1995). In later cases, we settled on a plain error standard of review for such claims. See United States v. Draffin, 286 F.3d 606, 609 (D.C.Cir.2002) (<HOLDING>); In re Sealed Case, 204 F.3d 1170, 1173
Holding statements: (A) holding that the district courts denial of a downward departure was an exercise of discretion and therefore not reviewable (B) holding that failure to identify ground of admissibility limited appellate review to plain error (C) holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure (D) holding that the failure to grant a sentencing departure on an unrequested ground is reviewable only for plain error (E) holding that an error is plain only if it is clear under current law when there is no binding precedent on point an instruction typically will not be plain error

A: (D)
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Q: Ill 1997). AirTouch alleges that the City's denial will in effect prohibit it from providing personal wireless services because alternative sites leave "gaps" in its service or will be too costly to provide. a. Gap In Coverage AirTouch has presented evidence of a gap in coverage in its wireless services on the Fanita Drive-Highway 125 corridor from Navajo Drive to the Highway 52 Connector. (Tifft Decl. at 11.) Air-Touch argues that if a decision leaves "significant gaps" in wireless services, 332(c)(7)(B)(i)(II) has been violated. The City argues that a mere gap is not sufficient; there must be a general ban for that provision to apply. AirTouch is supported by recent decisions of the Second and Third Circuit. See Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 640-41 (2d Cir.1999) (<HOLDING>); Ho-Ho-Kus, 197 F.3d at 70 (3rd Cir.) (holding
Holding statements: (A) holding that 332c7biii applies only to blanket prohibitions and general bans or policies and not to individual zoning decisions (B) holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law (C) holding that 332c7b iii does not apply only to general bans and stating that prohibiting only general bans would 1 require a court to wait for a series of denied applications and 2 lead to the untenable result that once personal wire services are available within the jurisdiction of a state or local government the state or local government could deny any further applications with impunity (D) holding that state bans on samesex marriage are unconstitutional (E) holding that a district court cannot require a unit of state or local government to abide by a consent decree that does not serve any federal interest

A: (C)
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Q: Modular obtained a release for Poerio a party Mr. Smith did not sue and against which Mr. Smith's statute of limitations had run at the time of trial preserves Modular's claim for contribution against Poerio. Although this issue has not'been squarely addressed by this Court, the Parke-Davis Court obliquely noted that, as in West Virginia, states which have adopted the Uniform Contribution Among Tortfeasors Act ("UCA-TA") typically find that a settlement by a joint tortfeasor terminates its right of contribution, "barring a release obtained by the settling tortfeasor that expressly extinguishes any liability against all tortfeasors." 217 W.Va. at 23, n. 11, 614 S.E.2d at 23, n. 11 (emphasis added); see also Mackey v. Irisan, 191 W.Va. 355, 361 n. 4, 445 S.E.2d 742, 748 n. 4 (1994) (<HOLDING>). Urging the Court to adopt this rule, Modular
Holding statements: (A) recognizing a right to contribution (B) recognizing contribution in the appropriate case (C) recognizing that prior to 1949 when the statute permitting contribution among joint tortfeasors was enacted no right of contribution existed between jointtortfeasors in delaware (D) holding that contribution will lie where no statute precludes recovery from the joint tortfeasor against whom contribution is sought (E) recognizing rule in ucata states that where settling defendant settles only his share contribution does not lie but contribution may be had from defendant whose liability was extinguished by joint tortfeasors settlement

A:
(E)
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