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.

Q: February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code 19.2-305.1(D) states that "[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof." The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court's October 26,
Holding statements: (A) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing (B) holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge (C) holding that the hearsay rule is not suspended in the sentencing phase (D) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (E) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

A: (B)
****
Q: may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based." 16 U.S.C. 3117(a). 3 . As used in ANILCA, (1) The term "land" means lands, waters, and interests therein. (2) The term "Federal land" means lands the title to which is in the United States after December 2, 1980. (3)The term "public lands" means land situated in Alaska which ... are Federal lands.... 16 U.S.C. 3102(1) (3). 4 . Although navigability determinations have not yet been made on most of Alaska's waterways, it is likely that few waterways of significance to fisheries will be classified as non-navigable due to the expansive definition of navigable. See, e.g., Alaska v. Ahtna, Inc., 891 F.2d 1401, 1402-08 (9th Cir.1989) (<HOLDING>), cert. denied, 495 U.S. 919, 110 S.Ct. 1949,
Holding statements: (A) holding that river with depths of 1 to 3 feet and usable by inflatable rafts and small motorboats was navigable (B) holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream (C) holding that riparians owners have the right of access to the navigable part of the river the right to make a landing wharf or pier subject to such general rules and regulations of the legislature (D) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (E) holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable

A: (A)
****
Q: 1985). 34 Bourne v. Nat'l Labor Relations Bd., 332 F.2d 47, 48 (2d Cir. 1964). 35 See City of Vancouver v. Pub. Emp't Relations Comm'n, 107 Wn. App. 694, 706, 33 P.3d 74 (2001). These factors are (1) the history of the employer's attitude towards its employees; (2) the type of information sought; (3) the company rank of the questioner; (4) the place and manner of the conversation; (5) the truthfulness of the employee's responses; (6) whether the employer had a valid purpose for obtaining the information; (7) if so, whether the employer communicated it to the employee; and (8) whether the employer assured the employee that no reprisals would be forthcoming should he or she support the union. 36 See Clallam County v. Pub. Emp't Relations Comm'n, 43 Wn. App. 589, 599, 719 P.2d 140 (1986) (<HOLDING>). 37 No. 5579-B, 1998 WL 812651 (Wash. Pub.
Holding statements: (A) holding that the right to drive is not a fundamental right (B) holding that a prisoners right to hie grievances is constitutionally protected under the first and fourteenth amendments (C) holding that to pursue a grievance is a right protected under chapter 4156 rcw (D) recognizing that a defendants right to be heard in criminal proceedings prior to sentencing is constitutionally protected (E) holding that while there is not a constitutionally protected right of intrastate travel under equal protection there is a constitutionally protected right to intrastate travel arising from the due process clause

A:
(C)
****