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 Q]: CURIAM. Appellant, Roberto Trejo, was indicted for racketeering and conspiracy to commit racketeering. His predicate offenses included attempted first degree murder, shooting into a building, and three armed robberies with a firearm. He was also charged on substantive counts for the same five offenses. Trejo was acquitted on the racketeering, conspiracy, and shooting into a building charges, but convicted of attempted second degree murder with a firearm and the three armed robberies. We affirm on all issues raised in this appeal, including his fifty-year sentence. The United States Supreme Court's ruling in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) does not apply to appellant's sentence. See Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (<HOLDING>). As we did in Guzman, we certify conflict with
Holding statements: (A) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham (B) recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences (C) holding that the imposition of a life sentence on a juvenile does not violate the holding of roper (D) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (E) holding that double jeopardy clause does not prohibit imposition of death sentence in alabama despite life sentence in georgia in murdertrial arising from same homicide
[EX A]: (D)

[EX Q]: otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) ('We do not ... believe 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim." (internal quotations omitted)) and First Nat'l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng'rs, Inc. v. Lafourche
Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that 1441c does not allow the remand of claims that are not separate and independent (D) recognizing that 1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand
[EX A]: (B)

[EX Q]: RICO against the Bowlings, it may do so in its affirmative cross-claim. Wfhirl-pool's belief to the c 46 (2003) (adopting the approach set forth in the Second Restatement defining the elements of the tort of intentional infliction of emotional distress); Doe Parents No. 1 v. Dep't of Educ., 100 Hawai'i 34, 58 P.3d 545, (2002) (relying on Second Restatement for definition of duty set forth in the Second Restatement 314A); Gonsalves v. Nissan Motor Corp. in Haw., 100 Hawai'i 149, 170, 58 P.3d 1196, 1217 (2002) (adopting Second Restatement 577 by holding "If the circumstances indicated that communication to a third party is likely, however, a publication may properly be held to have occurred"); and see, McKenzie v. Hawai 'i Permanente Med. Group, 98 Hawai'i 296, 47 P.3d 1209 (2002) (<HOLDING>); Zanakis-Pico v. Cutter Dodge, Inc., 98
Holding statements: (A) holding that second restatement 302 does not establish per se that a doctor owes a duty to the plaintiff it only describes the manner in which he may be negligent if he owed that duty (B) holding that although violation of rules of professional conduct does not constitute negligence per se such violations may be relevant and admissible in assessing the legal duty of an attorney in a malpractice action and whether that duty was breached (C) holding that in the absence of a product malfunction a plaintiff cannot establish that a defendant breached any duty owed (D) holding defendant owes a duty to disclose where the defendant alone has knowledge of material facts which are not accessible to the plaintiff (E) holding that an agent owes a fiduciary duty to his principal
[EX A]:
(A)