instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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advised the defendant of his Miranda rights and the defendant subsequently gave a statement. Id. 476. The court held that the detective's statements at the jail cell did not constitute interrogation. Id. at 479-480. The court further determined that the defendant, by stating that he wanted to tell his side of the story, " 'initiated' further conversation in the ordinary dictionary sense of that word." Id. at 480. Similarly, in Bunch v Thompson, 949 F2d 1354, 1361 (CA 4, 1991), the court held that a defendant's statement was not the product of "police-initiated interrogation" where it followed an inquiry that "amounted to nothing more than an effort to ascertain if Bunch had changed his mind about wanting an attorney." See also McCall v State, 501 So 2d 496, 500 (Ala Crim App, 1986) (<HOLDING>); State v Acquin, 187 Conn 647, 669-670; 448
Holding statements: (A) holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime (B) holding that although interrogation may not continue after a suspect has requested counsel the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney (C) holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation (D) holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity (E) holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation
answer:
holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime

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period under IAD never commenced); Fields v. United States, 698 A.2d 485, 489-90 (D.C. 1997) (rejecting prisoner's substantial compliance argument and recognizing that court is bound by Fex); State v. Greenwood, 665 N.E.2d 579, 581-82 (Ind. 1996) (requiring strict compliance with IAD procedures and recognizing that procedures are "not mere technicalities"); Pinto v. Warden, C.A. No. 972412, 1999 WL 49378, at *7 (Conn. Super. Jan. 20, 1999) (stating that "[wjhile it is true that earlier decisions of courts were split on when the 180 day period begins, the majority of courts ... have held that the period begins to run once the request is actually received by the appropriate court and prosecutor"); Commonwealth v. Flores, C.A. No. 91-493, 1998 WL 792466, at *3 (Mass. Super. Nov. 6, 1998) (<HOLDING>). 48 . 1993 WL 138993, at *1 (Del. Super. Apr.
Holding statements: (A) holding that a pro se prisoner complaint is deemed filed as of the date the prisoner gives the complaint to prison officials to be forwarded to the court (B) holding that an noa filed by a pro se prisoner is deemed filed on the date that the prisoner delivers it to prison authorities for mailing (C) holding that the language of the statute and the courts duty to apply the statute as written requires the court to interpret the statute to apply when the prisoner is sentenced without regard to the institution where the prisoner is incarcerated after the sentencing (D) holding that the iad as construed by fex requires that a prisoner must be tried within 180 days of the date when his request for disposition is actu ally received by the state in which the charges are pending not when the prisoner provides that request to his custodial authorities (E) holding time begins when the prisoner knows the important facts not when the prisoner recognizes their legal significance
answer:
holding that a pro se prisoner complaint is deemed filed as of the date the prisoner gives the complaint to prison officials to be forwarded to the court

question:
of the kind defined in [26 U.S.C.] 5845 ... involves the substantial risk of violence necessary to label the possession a crime of violence," United States v. Dunn, 946 F.2d 615, 621 (9th Cir.1991), and Defendant's sawed-off shotgun is of the type described in 5845(a). The district court therefore should have applied the Career Offender Guideline only to Count 4, possession of an unregistered sawed-off shotgun. Instead, the district court erred by imposing a Career Offender sentence on all counts. If a district court incorrectly applies the Sentencing Guidelines and its error is not harmless, then we vacate the sentence and remand for resentencing. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006); see also United States v. Menyweather, 447 F.3d 625, 634 (9th Cir.2006) (<HOLDING>). Here, we cannot say with certainty that
Holding statements: (A) recognizing that any error would be harmless to the government in this case because the district court couldand wouldimpose the same sentence again under the nowadvisory guidelines regime (B) holding that any error was harmless because under the unusual circumstances present in this thirdtime appeal we recognize that the district court could and would impose the same sentence again (C) holding a constitutional booker error harmless on the ground that because the district court stated its sentence would be the same even if the guidelines were only advisory we know with certainty beyond a reasonable doubt what the district court would do upon remand (D) holding any possible error in a guidelines calculation harmless where this court was confident that the district court could and would impose the same sentence again under the nowadvisory guidelines regime (E) holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence
answer:
recognizing that any error would be harmless to the government in this case because the district court couldand wouldimpose the same sentence again under the nowadvisory guidelines regime