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.
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Question: which a sentence of one year or longer may be imposed. See 8 U.S.C. 1252(a)(2)(C), 1182(a)(2)(A), 1227(a)(2)(A)®️. Furthermore, 1252(a)(2)(B) precludes judicial review of: (i) any judgment regarding the granting of relief under [INA 212(h), 8 U.S.C. 1182(h) ] or (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security®️ 8 U.S.C. 1252(a)(2). However, despite the jurisdictional limitations in 1252(a)(2)(C) and (a)(2)(B), we are not precluded from reviewing constitutional claims or questions of law raised in a properly filed petition for review. 8 U.S.C. 1252(a)(2)(D); Balogun, 425 F.3d at 1359 (<HOLDING>); see also Frech v. U.S. Att'y Gen., 491 F.3d
Holding statements: (A) holding that the real id act gave us jurisdiction to review a criminal aliens petition for review of an order of removal raising a question of law (B) holding no jurisdiction to review order raising amount of bail and questioning jurisdiction to review denial of motion to reduce bond (C) holding that the real id act leaves this court deprived of jurisdiction to review discretionary and factual determinations (D) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (E) holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction

Answer: (A)

Question: substantial rights. Mares, 402 F.3d at 520. The district court made no comments suggesting it would have imposed a lesser sentence in the absence of mandatory guidelines. See United States v. Bringier, 405 F.3d 310, 317 (5th Cir.2005) (stating the issue as "whether [the defendant] has demonstrated that the sentencing judge would have reached a different result had it sentenced [the defendant] under an advisory scheme rather than a mandatory one"), cert. denied, U.S. -, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005) (No. 05-5535). Therefore, Tovar fails to demonstrate plain error. Tovar contends for the first time on appeal that the statute under which he was convicted, 21 U.S.C. 841, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (<HOLDING>). As he concedes, however, this issue is
Holding statements: (A) holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt (B) holding that ojther than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (C) holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt (D) holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt (E) holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt

Answer: (C)

Question: limitations will not commence to run until the contract has been finished." In the instant case, Freberg was never allowed to deliver a finished product or service to Dr. Robert Thomason. Consequently, up to the date of July 25,1973, the day after Dr. Elizabeth died, Freberg's cause of action against the Thomasons had not accrued, or in other words, limitations had not begun to run. Indeed, Freberg's limitations did not begin to run until after he was first prevented from continuing his tasks. See Scott v. Walker, supra. To hold that Freberg's cause of action accrued after each day's work would unduly fragment the time of accrual for each of these indivisible tasks. Compare Jones v. Lewis, 11 Tex. 359 (1854); Caldwell v. Jones, 63 S.W.2d 761 (Tex.Civ.App. Amarillo 1933, writ ref'd) (<HOLDING>); Annot., 99 A.L.R.2d 251, 253 (1965).
Holding statements: (A) recognizing that generally services that benefit debtor are services that facilitate completion of a case (B) holding some evidence existed that physician incurred fees because services had been performed on the physicians behalf (C) holding that defendant must prove when the services were rendered to establish that the new value exception applies (D) holding that an attorneys cause for services rendered over a period of time accrued when his services had been completely performed (E) holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001

Answer:
(D)