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 Input:
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

Ex Output:
(E)

Ex Input:
669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution,
Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism

Ex Output:
(E)

Ex Input:
that's the rule under the Guidelines and I believe that's the rule in the Eleventh Circuit. I believe those are not factors that the court should take into that that's a factor that the court should take into consideration in attempting to depart. Frankly, I think if the court tried to depart, it would be reversible error. Id. at 29. Ordinarily, we will not review a district court's denial of a request for downward departure. United States v. Hadaway, 998 F.2d 917, 919 (11th Cir.1993). However, a district court's refusal to depart is reviewable on appeal if the court's decision was based on the belief that it lacked the authority to consider a departure. United States v. Williams, 948 F.2d 706, 708 (11th Cir.1991). See also United States v. Fossett, 881 F.2d 976, 979 (11th Cir.1989) (<HOLDING>). The district court's determination that it
Holding statements: (A) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (B) holding that district court must provide reasonable notice of intent to upwardly depart from guideline range (C) holding that a defendants assertion that the district court did not believe it had the statutory authority to depart from sentencing guideline range presents a cognizable claim on appeal (D) holding that a court may depart downward from the applicable guideline range under section 4a13 (E) holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range

Ex Output:
(C)