TASK DEFINITION: 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.
PROBLEM: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs' favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac's motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac's motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000)
Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

SOLUTION: (D)

PROBLEM: guidelines; and (4) that the special conditions of Neffs supervised release were beyond the limits described in 18 U.S.C. 3583(d). For the reasons explained below, the motion is denied in all respects. I. BACKGROUND On April 29, 1992, Anthony Neff was arrested on charges of driving while intoxicated by Nassau County Police who found in his possession a receipt from a licensed firearms dealership. The receipt indicated that on April 23, 1992, he had purchased a 12 gauge shotgun. Agents of the Bureau of Alcohol, Tobacco and Firearms ("ATF") interviewed the owner of the firearms dealership and discovered that Neff, who was then on parole for a 1989 attempted burglary conviction, had not revealed that he was a convicted felon when he executed ATF form 4473, a necessar 3 (3d Cir.1988) (<HOLDING>). Although this language appears broad in
Holding statements: (A) recognizing a claim that the sentence exceeded the statutory maximum (B) holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings (C) 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 (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines

SOLUTION: (A)

PROBLEM: 8 F.3d 713, 716 (9th Cir.1993) ("The purpose of NEPA is to protect the environment, not the economic interests of those adversely affected by agency decisions."); Port of Astoria v. Hodel, 595 F.2d 467, 475 (9th Cir.1979) (purely financial interests are outside of NEPA's zone of interests). Accordingly, we have consistently held that purely economic interests do not fall within NEPA's zone of interests: "[A] plaintiff who asserts purely economic injuries does not have standing to challenge an agency action under NEPA." Nevada Land Action Ass'n, 8 F.3d at 716; see also Ranchers Cattleman v. United States Dep't of Agric., 415 F.3d 1078, 1102 (9th Cir.2005) (an economic injury alone will not support a claim under NEPA); Western Radio Servs. Co. v. Espy, 79 F.3d 896, 903 (9th Cir.1996) (<HOLDING>); Port of Astoria, 595 F.2d at 475 (holding
Holding statements: (A) recognizing the cause of action (B) holding that a plaintiff whose only complaint was that agency action would cause economic harm asserted an interest outside nepas zone of interests (C) holding that the plaintiff did not have standing because it was not able to demonstrate how its economic interests fell within the zone of interests protected by the nhpa (D) recognizing cause of action (E) holding that the public interest in expression must be weighed against the plaintiffs economic and noneconomic interests

SOLUTION:
(B)