TASK DEFINITION: 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.
PROBLEM: carrying it during and in relation to such a crime, with additional penalties attaching if the firearm was brandished or discharged. See 18 U.S.C. 924(c)(1)(A). Whether the defendant was accountable for one firearm or ten, however, is completely irrelevant to the commission of the 924(c) offense. Thus, because 924(c) pertains to particular unlawful uses of a firearm while 2K2.1(b)(l) pertains to the number of firearms involved, these two enhancements punish different types of conduct. We therefore conclude that enhancing a defendant's offense level based on the number of weapons involved in the offense underlying his 924(c) conviction does not constitute impermissible double counting under the Guidelines. Accord United States v. Terrell, 608 F.3d 679, 683-84 (10th Cir. 2010) (<HOLDING>). But see United States v. Vincent, 20 F.3d
Holding statements: (A) holding that trading drugs for a gun violates the in furtherance of prong of 924c (B) holding that evidence is sufficient for 924c conviction where it shows weapons proximity to drugs and its accessibility (C) holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a 924c sentence for the same firearm (D) holding that because the number of weapons involved in the underlying offense to a 924c conviction is a separate type of offense conduct than that punished by 924c itself the district court did not engage in doublecounting when it applied an increase under 2k21bla in conjunction with the sentence for violating 924c (E) holding without discussion that the district court erred by applying the numberofweapons enhancement to an offense underlying the defendants 924c conviction

SOLUTION: (D)

PROBLEM: pre-trial release on April 12, 1985. Although this appeal has received expedited review, a decision has not yet been rendered by the Second Circuit. Thus a total of only fifty-six (56) non-excludable days have elapsed since Leon was arrested and detained (assuming that the filing of Elba Rodriguez's omnibus motion stopped the clock as to all the co-defendants). DISCUSSION Leon's first argument is based upon the interpretation of Section 3164(b) itself, which provides that, "[t]he periods of delay enumerated in Section 3161(h) are excluded in computing the time limitations specified in this section." Leon argues that this sent C.Cir.1976) and United States v. Mejias, 417 F.Supp. 579 (S.D.N.Y.1976), aff'd. on other grounds, sub nom., United States v. Martinez, 538 F.2d 921 (2d Cir.1976) (<HOLDING>). According to the House Report accompanying
Holding statements: (A) holding generally that new rules of law should not be applied retroactively in habeas corpus cases (B) holding that a court examining if a law should be applied retroactively should consider whether the new provision attaches new legal consequences to events completed before its enactment (C) holding that the first amendment definition should be applied by analogy in the franks setting (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the exclusions should be applied

SOLUTION: (E)

PROBLEM: under a ... will ... may have determined any .question of ... validity arising under the instrument ... and obtain a declaration of rights, status, or other legal relations thereunder." Ark.Code Ann. 16 111 104. Whether a plaintiff may contest the validity of a will under the Arkansas declaratory judgment act is an issue of first impression. This Court has located no Arkansas authority that suggests an answer to this question. The most apposite federal authority is Kausch v. First Wichita Nat. Bank of Wichita Falls, Tx., 470 F.2d 1068, 1069 (5th Cir.1972). In Kausch, the plaintiff claimed that the federal court had jurisdiction to declare a will invalid in an action brought under the Texas declaratory judgment act. The language of Texas's declaratory judgment act was identic 95) (<HOLDING>); Matter of Moerschel's Estate, 86 Ill.App.3d
Holding statements: (A) holding that an action under the illinois declaratory judgment act to void a will must be construed as a will contest that is governed by the laws controlling such contests in probate proceedings (B) holding that the trial courts determination that the invalidity of an unprobated will under texass declaratory judgment act was not error where the action was joined with a probate action and multiple wills were before the court (C) holding that an action challenging the validity of a will may not be brought under ohios declaratory judgment act (D) holding that texass probate statute does not affect whether the probate exception to federal jurisdiction applies to a case (E) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment

SOLUTION:
(B)