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]: magistrate judge denied the motion, explaining that Mr. Schueller's subjective perceptions did not demonstrate judicial bias and his claims were not based on any extrajudicial source to support a bias or partiality challenge. We generally review the denial of a recusal motion for abuse of discretion. ClearOne Comm'cns, Inc. v. Bowers, 651 F.3d 1200, 1217 (10th Cir.2011). For the reasons stated in the magistrate judge's order denying recusal, we determine that recusal was not warranted and we find no abuse of discretion in the denial of the motion to recuse. To the extent Mr. Schueller now claims that the district judge was biased against him, he did not raise this issue to the district court, so we do not address it. See Koch v. Koch Indus., Inc., 203 F.3d 1202, 1239 (10th Cir.2000) (<HOLDING>). III. CONCLUSION Wells Fargo's motion for
Holding statements: (A) holding plaintiffs waived their bias argument on appeal because they failed to timely move for disqualification (B) holding that the defendant waived argument on appeal by failing to develop a cogent argument (C) holding that party waived argument by failing to brief it on appeal (D) holding argument not asserted before district court is waived on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
[A]: (A)

[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)

[Q]: See id. 3B1.3 cmt. n.3 (explaining that the enhancement should apply because "the defendant assumes a position of trust, relative to the victim, that provides the defendant with the same opportunity to commit a difficult-to-detect crime"). This understanding is confirmed by the cases cited with approval in the application note, each of which involved a direct relationship of trust between the defendant and the victim. See Gill, 99 F.3d at 489 (applying enhancement to defendant posing as licensed psychologist, explaining that "in real life terms, [the defendant] occupied a position of trust relative to his counseling patients, and that [the defendant] took advantage of the patients' reliance on his claimed status as a psychologist to further his fraud scheme"); Queen, 4 F.3d at 929 (<HOLDING>). Application Note 3 is therefore consistent
Holding statements: (A) recognizing that the imposter investment advisorbroker in that case assumed a position of trust with his victims (B) holding that abuse of trust enhancement applied where defendant had discretion to engage in commodities transactions on victims behalf without victims supervision (C) holding that jury may consider victims mental capacity in determining whether defendant acted with victims knowledge and consent (D) holding that employer controlled the victims will at least in part by using his position as the victims employer (E) holding that assistant principal used position of authority to gain the trust of the victims to obtain the opportunity to touch the victims and to cause them to submit to his unlawful touching
[A]:
(A)