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.

Ex Input:
as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the
Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

Ex Output:
(D)

Ex Input:
statute and provides for a specific penalty of a fine of $1250. Id. 321 J.2(2)(a)(2); see State v. Daniel, 574 N.W.2d 333, 335 (Iowa 1998) ("[T]he district court may not use the penalty provisions provided in section 903.1(1) if a specific penalty is provided in another statute."). Because section 903.1 is only applicable "if a specific penalty is not provided fo'd' and section 321J.2 does provide for a specific penalty, section 903.1 is not applicable as to the fine portion of the sentence. Iowa Code 903.1(1) (emphasis added). Furthermore, as we noted above, we read general and specific statutes together, but if an irreconcilable conflict exists between the general and specific statutes, then the specific statute prevails. Lutgen, 606 N.W.2d at 314; see Lee, 561 N.W.2d at 354-55 (<HOLDING>); Sandifer, 570 N.W.2d at 257 (same). In this
Holding statements: (A) holding that section 1001 controls over the limitations provision of the wrongful death statute (B) holding a specific sentencing statute controls over the general sentencing provisions of section 9031 (C) recognizing that a specific statute controls over a general one (D) holding that specific statutory provisions take priority over general statutory provisions (E) holding that specific statutes create exceptions to general statutes therefore if a provision of a specific statute is inconsistent with one in a general statute on the same subject the specific statute controls

Ex Output:
(B)

Ex Input:
in Gonzalez v. Chertoff, 454 F.3d 813 (8th Cir.2006), that the reasoning of Alvarez-Portillo is overruled. In Gonzalez, we held an alien who failed to apply for adjustment of status before IIRIRA's enactment, based on a pre-IIRIRA marriage, was subject to the new expedited removal proceedings under IIRIRA. See Gonzalez, 454 F.3d at 814-15, 816-18 & n. 4. After discussing Fernandez-Vargas at length, we determined "the Supreme Court in Femandez-Vargas found that the elimination of the opportunity to apply for adjustment of status under [IIRIRA] imposed no new burden on a completed act." Id. at 818. We stated "[w]e find that decision determinative on the issue of retroactivity in the instant case." Id. We then noted, "To the extent our decision in Alvarez-Portillo, 280 F.3d at 861 (<HOLDING>), suggests a different result, it is overruled
Holding statements: (A) holding that the substantive defenses to removal eliminated by 8 usc 1231a5 may not be retroactively denied to aliens who illegally reentered prior to enactment (B) holding that zadvydas applies to inadmissible aliens who have illegally entered the united states (C) holding that sjection 241a5 bars aliens who have illegally reentered the united states after having previously been deported from applying for relief (D) holding that a change of an element of an offense could not be applied retroactively to a crime committed prior to the statutes enactment (E) holding that an iirira provision on reinstatement of orders of removal did not apply to aliens who reentered prior to the iiriras effective date

Ex Output:
(A)