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.

of the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng's arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual
Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible
(A)

are complete and present within the proscribed state statute of limitations. Id. at 393-94, 127 S.Ct. 1091. Plaintiff argues that because Wallace dealt with a false arrest and not a search and seizure, its analysis is inapplicable. (D.E. 8, Plaintiffs Response). However, the general rule of Wallace soundly applies to a search and seizure scenario, as noted by the Sixth Circuit and several Kentucky district courts. See Harper, 293 Fed. Appx. at 391 n. 1 ("Wallace also clarified that Heck does not delay the accrual of an otherwise complete and present cause of action when judgment in the plaintiffs favor 'would impugn an anticipated future conviction .... ' Harper's claims thus accrued on July 31, 2003, the date of the alleged illegal search and seizure."); Kenney, 2011 WL 1582125 at *6 (<HOLDING>); Lovins v. Hurt, No. 11-216-JBC, 2011 WL
Holding statements: (A) holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure (B) holding that a ruling on preindictment motion that search and seizure were legal collaterally estopped defendant from later moving to suppress evidence claiming that search and seizure were illegal (C) holding that section 1983 action for unlawful search and seizure accrued on dates of seizures rather than date on which state court declared the acts illegal (D) holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality (E) holding that the cause of action accrued on the date of sale
(A)

level of 12, under U.S.S.G. 2K2.1(a)(7), is based solely on his unlawful possession of firearms, with no weight being given to his trafficking of these, or any related, firearms. "The guideline applied by the court, U.S.S.G. 2K2.1 ..., identifies possession alone as a crime.... Thus, the Sentencing Commission recognized that the guideline would be applied to crimes involving mere possession of an illegal weapon, regardless of the circumstances under which it was acquired." United States v. Dalecke, 29 F.3d 1044, 1047 (6th Cir.1994). Freeman's base offense level of 12 under 2K2.1(a)(7) and his four-level enhancement for trafficking pursuant to 2K2.1(b)(5) are thus punishing entirely different aspects of his crime. See United States v. Wheeler, 330 F.3d 407, 414 (6th Cir.2003) (<HOLDING>); see also United States v. Hayes, 399
Holding statements: (A) holding that even without booker constitutional error in the district courts application of the guidelines there could be nonconstitutional error where the court applied the guidelines in a mandatory fashion (B) holding that although the guidelines are not mandatory when applied independently the district court still must adhere to the guidelines insofar as they incorporate the provisions of 3553f (C) holding that the defendants sentence was based on the career offender guidelines despite the fact that the district court calculated an offense level pursuant to the crack guidelines (D) holding that where the defendants sentence does not exceed the statutory maximum and the district court applies the guidelines as advisory the district court does not err by enhancing the defendants sentence based on facts not charged in the indictment or admitted by him (E) holding that no impermissible double counting occurs where each of the guidelines applied by the district court emphasizes different aspects of defendants conduct
(E)