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]: But he claims that release at age 60 is a geriatric release and the functional equivalent of life without parole in violation of the Eighth Amendment. He also argues that such release violates the principles in Graham, Miller, and Montgomery because release at age 60 provides only grim prospects for any meaningful future outside prison. [¶12.] Even if Charles’s 92-year sentence is equivalent to a sentence of life without parole, that alone does not mean his sentence is unconstitutional under Eighth Amendment precedent. The United States Supreme Court bars mandatory life sentences without parole against juvenile homicide offenders, not discretionary sentences of life without parole. See Miller, 567 U.S. at -, 132 S.Ct. at 2469; State v. Springer, 2014 S.D. 80, ¶ 15, 856 N.W.2d 460, 466 (<HOLDING>). [¶13.] In response, Charles asks this Court 
 Holding statements: (A) holding sentences of life without parole unique in their severity (B) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (C) recognizing that njeither graham nor miller explicitly  apply to the functional equivalent of life without parole ie de facto life sentences (D) holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole (E) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham
[A]: (C)


[Q]: 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
[A]: (D)


[Q]: primary custody in which it failed to address each section 5328(a) factor. Instead, it “based its decision almost exclusively on the fact that Child is breastfeeding and the parties’ difficulty commu nicating with each other” and made no mention of the preponderance of the section 5328(a) factors. J.R.M. 33 A.3d at 652. By failing to address each section 5328(a) factor in its opinion, we concluded that “the trial court failed to properly consider the statutorily mandated factors in arriving at its custody determination!)]” Id. We held that the trial court must expressly consider all of the section 5328(a) factors when entering a custody order in order to comply with the Custody Act’s requirements, and that failure to do so amounts to an error of law. Id.; see also M.P., 54 A.3d at 956 (<HOLDING>). While the Custody Act requires a trial court 
 Holding statements: (A) holding the trial court is required to make a determination on impairment of access prior to trial (B) holding that the trial court is required to provide reasons for its decision prior to appeal (C) recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal (D) holding that a reviewing court is not to substitute its decision for that of the board (E) holding district court correctly reversed a departure sentence where the trial court failed to provide written reasons for the departure
[A]:
(B)


