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: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed "plain." c. Did the plain error affect Thomas's substantial rights? An error affects a defendant's "substantial rights" if it is "prejudicial" and it "affected the outcome of the district court proceedings." Gore, 154 F.3d at 47. "Though 'prejudice' is also required to show that an error is not 'harmless,' pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that '[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65,
Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error

A: (D)
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Q: . The Honorable John A. Jarvey, Chief United States Magistrate Judge for the Northern District of Iowa, to whom this case was referred with the consent of the parties pursuant to 28 U.S.C. 636(c)(3). 3 . Montandon also alleged Title VII claims against Todd and Ehlers in their personal capacities, as well as constructive discharge and intentional infliction of emotional distress claims. His wife, Tish Walker Montandon, claimed loss of consortium. The district court dismissed these claims. Because they have not been raised on appeal, they are deemed abandoned. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir.1985). 4 . It remains to be seen whether our holding in Quick will remain the law. See Oncale v. Sundowner Offshore Servs., Inc., 83 F.3d 118 (5th Cir.1996) (<HOLDING>), cert, granted, - U.S. -, 117 S.Ct. 2430, 138
Holding statements: (A) holding that title vii does not address samesex harassment (B) holding that samesex sexual harassment claims are not actionable under title vii (C) holding that title vii does not protect employees from harassment based on sexual orientation (D) holding that samcscx sexual harassment claims are actionable under title vii (E) holding that title vii does not include a continuing violation doctrine

A: (A)
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Q: applies to receivers appointed by state courts, and the Court determines that it does not. Section 959(a) does not permit maintenance of this action against Lighthouse because Lighthouse was appointed by a state court, (emphasis added). Following Republic Bank, other courts have similarly held that section 959(a) applies only to receivers appointed by federal courts, not state courts. See Freeman v. Cty. of Orange, 2014 WL 12668679 (C.D. Cal. 2014) (concluding that 28 U.S.C. 959(a) "has no application to a receiver appointed by a state court," and therefore, the Bartondoctrine was applicable to the plaintiffs claims); In re Jefferson County, Alabama, 484 B.R. 427, 456-458 (Bankr. N.D. Ala. 2012); Republic Bank of Chi. v. Lighthouse Mgmt. Grp., Inc., 829 F.Supp.2d 766 (D. Minn. 2010) (<HOLDING>). Based bn the above cited cases, we conclude
Holding statements: (A) holding that section 959a only applies to receivers appointed by federal courts not state courts (B) holding federal courts are bound by state court determinations of state law (C) recognizing that decisions of lower federal courts interpreting federal law are not binding on state courts (D) holding that a federal courts dismissal of state claims without prejudice is not res judicata as to adjudication in either state or federal courts (E) holding that state courts in construing and interpreting state law are not bound by the decisions of federal courts

A:
(A)
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