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.
One example is below.
Q: Drapeau's cohorts, the cohort would be a "victim" of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as "violent crimes" for purposes of enhancing the sentences of career offenders. See 18 U.S.C. 924(e)(2)(B)(ii) (defining a "violent felony" as: "any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives"). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc 16 (D) holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16
A: (A)
Rationale: It's a good example. Based on the given prompt, option (A) is correct.
Q: include the offense of unlawful possession of a firearm by a felon, unless the possession was of a firearm described in 26 U.S.C. 5845(a)." 4B1.2 app. n. 1. A shotgun modified so that it "has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length" is a firearm described in 5845(a). See 26 U.S.C. 5845(a). As Lipscomb's instant offense of possession of a firearm by a convicted felon does not have the use, attempted use, or threatened use of physical force as an element and is not an enumerated offense, the issue here is whether Lipscomb's present offense "otherwise involves conduct presenting a serious risk of injury to another" under the residual clause of 4B1.2(a)(2). See United States v. Serna, 309 F.3d 859, 862 & n. 6 (5th Cir.2002) (<HOLDING>). A. Applicability of the Categorical Approach
Holding statements: (A) holding that north carolina crime of larceny from the person was a crime of violence under the residual clause of the career offender guideline (B) holding a defendant could not receive an enhanced sentenced under the residual clause of 4b12a2 following johnson (C) holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of 4b12a2 (D) holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another (E) holding that possession of a weapon is not in an of itself a crime
A:
(C)