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.

concerning a matter within the scope of the agency or employment, made during the existence of the relationship. However, courts faced with this issue have refused to apply this provision to government employees testifying in criminal trials based on the rationale that no individual can bind the sovereign. See United States v. Kampiles, 609 F.2d 1233, 1246 (7th Cir.1979) ("Because the agents of the Government are supposedly disinterested in the outcome of a trial and are traditionally unable to bind the sovereign, their statements seem less the product of the adversary process and hence less appropriately described as admissions of a party." (citations omitted)), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 L.Ed.2d 812 (1980); United States v. Santos, 372 F.2d 177, 180 (2d Cir.1967) (<HOLDING>); United States v. Durrani, 659 F.Supp. 1183
Holding statements: (A) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (B) holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution (C) holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either (D) holding statements by coconspirator nontestimonial and thus admissible (E) holding alford plea admissible in burglary prosecution
(B)

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
(D)

was never good history and is no longer good law."). 8 . Union Pac. R.R. Co. v. Sheehan, 439 U.S. 89, 94, 99 S.Ct. 399, 58 L.Ed.2d 354 (1978). 9 . Norris, 512 U.S. at 252-53, 114 S.Ct. 2239 (quoting 45 U.S.C. 151a) (emphasis added). 10 . Consol. Rail Corp. v. Ry. Labor Executives' Ass'n, 491 U.S. 299, 305, 109 S.Ct. 2477, 105 L.Ed.2d 250 (1989); see also Anderson v. Am. Airlines, Inc., 2 F.3d 590, 595 (5th Cir.1993) (citing id.). 11 . Norris, 512 U.S. at 265, 114 S.Ct. 2239. 12 . Saridakis v. United Airlines, 166 F.3d 1272, 1276 (9th Cir.1999). 13 . Norris, 512 U.S. at 264 n. 10, 114 S.Ct. 2239 (quoting Conrail, 491 U.S. at 311-12, 109 S.Ct. 2477). 14 . Id. at 264, 114 S.Ct. 2239. 15 . Id. at 264 n. 10, 114 S.Ct. 2239 (quoting Detroit & Toledo Shore Line R 171 (1st Cir.1998) (<HOLDING>); Benson v. Northwest Airlines, Inc., 62 F.3d
Holding statements: (A) holding section 301 preempted plaintiffs claim for tortious interference with contract because that claim would require interpretation of a collective bargaining agreement (B) holding that the present controversy concerns the plaintiffs rights under state and federal statutes which exist independently of the collective bargaining agreement and do not require interpretation of that agreement (C) holding that antidiscrimination rights under title vii cannot be waived by a collective bargaining agreement (D) holding that plaintiffs retaliatory discharge claim was not completely preempted and noting that state court on remand would have to apply federal law to remaining issues requiring interpretation of collective bargaining agreement (E) holding that an arbitrators interpretation of the scope of the issue submitted to him is entitled to the same deference accorded his interpretation of the collective bargaining agreement
(B)