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.

Example Input: for a mitigating role adjustment pursuant to U.S.S.G. 3B1.2. Section 3B1.2 "authorizes a four-level reduction in offense level if the defendant is deemed a 'minimal' participant in the criminal activity! ] [and] a two-level reduction if he is deemed a 'minor' participant...." United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between "minimal" and "minor" is "not just semantic," United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. 3B1.2 cmt. n. 5 (defining a "minor participant" as "a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal") (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their
Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg 3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel
Example Output: (D)

Example Input: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance
Example Output: (C)

Example Input: 409 P.2d 466 (1965). 46 Id. at 664. 47 SAK refers to section 20 of the subcontract, which requires that the subcontractor give notice of a claim or dispute within 14 days of the occurrence of a problem, dispute, claim or delay event, or the claim will not be reimbursed. 48 Ferguson asserts that the trial court's ruling on this issue (raised in Ferguson's first summary judgment motion) was error and offers this as another basis on which to affirm the trial court. But Ferguson neither cross appealed nor assigned error to this ruling, which rejected Ferguson's argument that SAK's failure to comply with the notice and claim requirements barred SAK's lawsuit. Thus, this argument is not within the scope of our review. But see Realm v. City of Olympia, 168 Wn. App. 1, 8, 277 P.3d 679 (2012) (<HOLDING>). 49 Cook v. Brateng, 180 Wn. App. 368, 375,
Holding statements: (A) holding that notice to supervisor is notice to city (B) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (C) holding that claims against a city police chief in his official capacity were really claims against the city (D) holding that contractor waived right to sue city by failing to comply with notice provisions in the contract that were preconditions to litigation against the city (E) holding that mailing a copy of a notice of appeal that was filed in the trial court to the city law director does not constitute filing the notice of appeal with the city board of zoning appeals
Example Output:
(D)