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.

Example Input: may give such retroactive effect to these legal clarifications because “where ... a court is addressing transactions that occurred at a time when there was no clear agency guidance, it would be absurd to ignore the agency’s current authoritative pronouncement of what the statute means.” Id. Therefore, unless the new regulation “replaces a prior agency determination,” this Court may find that the amendment merely provides an explanation for what the law always has been. Id. In order to determine if the amendments to Regulation E marked a change in the rules or served as an interpretation of existing law, this Court will first look to the stated intent of the Board in proffering the amendments. See First Nat. Bank of Chicago v. Standard Bank & Trust, 172 F.3d 472, 478 (7th Cir.1999) (<HOLDING>). If an agency plainly states that it is merely 
 Holding statements: (A) holding that the drastic sanction of preclusion of expert witnesses was not warranted based on failure to furnish discovery by the discovery deadline when the deadline could have been shifted (B) holding that a bankruptcy rule equivalent to rule 6a ala r civ p should be construed to give the benefit of extending the deadline for submission to the day after the holiday regardless of whether the deadline is expressed as the last day of a period of days or as a date certain (C) holding regulatory amendment extending a banks deadline for returning checks could be given retroactive effect (D) holding that where a legislative amendment changed the exemption provisions of a tax statute defining those eligible for certain exemptions and refunds the amendment could only be applied to tax years after its effective date even where the legislature expressly stated the amendment should have retroactive effect and looked to the law in place during the taxable events to determine if the taxpayer was eligible for a refund (E) holding random traffic stops for license and registration checks are contrary to fourth amendment
Example Output: (C)

Example Input: despite the underlying circumstances. See United States v. Moudy, 132 F.3d 618, 620 (10th Cir.1998) (stating that “[ejvery escape scenario is a powder keg, which may or may not explode into violence and result in physical injury to someone at any given time, but which always has the serious potential to do so” and that this characterization applies “to all escapes, whether or not violence was actually involved”) (citing United States v. Gosling, 39 F.3d 1140, 1142 (10th Cir.1994)). C. Sixth Amendment Claim Finally, Mr. Flowers argues that the district court violated his Sixth Amendment rights by failing to submit the fact of his prior convictions to a jury. This argument is also foreclosed by circuit precedent. See United States v. Moore, 401 F.3d 1220, 1223, 1226 (10th Cir.2005) (<HOLDING>). III. CONCLUSION Accordingly, we AFFIRM Mr. 
 Holding statements: (A) holding that the fact of prior convictions under  924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under  924e (B) holding that district court may enhance sentence based on fact of prior convictions under  924e regardless of whether admitted by defendant or found by jury (C) holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt (D) holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt (E) holding that elements of statute which became  924e need not be reflected in indictment for crime charged
Example Output: (A)

Example Input: agency is defined by the APA. See Franklin v. Massachusetts, 505 U.S. 788, 800, 112 S.Ct. 2767, 120 L.Ed.2d 636 (1992) (explaining that “[t]he APA defines ‘agency’ as ‘each authority of the Government of the United States, whether or not it is within or subject to review by another agency’,” but explicitly does not include the Congress) (citing 5 U.S.C. §§ 701(b)(1), 551(1)). The fact that § 6012 incorporates by reference the CPI, which is compiled and published by an agency of the DOL, does not cause the APA to be invoked. In this context, the CPI is simply an ascertainable numerical standard, and there is no requirement that such a standard incorporated into a statute be itself an enforceable rule of law. Cf. Ashcroft v. ACLU, 535 U.S. 564, 585, 122 S.Ct. 1700, 152 L.Ed.2d 771 (2002) (<HOLDING>). Furthermore, a statute providing the basis 
 Holding statements: (A) holding portions of the online solicitation of a minor statute unconstitutionally overbroad in violation of the first amendment (B) holding that the incorporation of community standards by itself did not make the child online protection act unconstitutionally overbroad (C) holding that a statute must burden a substantial amount of protected speech to be unconstitutionally overbroad (D) holding new yorks disclosure law unconstitutionally overbroad (E) holding the improper photography or visual recording statute unconstitutionally overbroad in violation of the first amendment
Example Output:
(B)

