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: Drapeau’s cohorts, the cohort would be a “victim” of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as “violent crimes” for purposes of enhancing the sentences of career offenders. See 18 U.S.C. § 924(e)(2)(B)(ii) (defining a “violent felony” as: “any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives”). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc  3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc  2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc  16 (D) holding for the purposes of 18 usc  924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc  924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc  16
Example solution: (A)
Example explanation: It's a good example. Based on the given prompt, option (A) is correct.

Problem: to the present tense, it is doubtful that this change prejudiced defendant when defendant’s response to Mr. Falvey’s question is examined in context. First, it appears that defendant’s use of the past tense was a slip of the tongue because he was responding to a question asked of him in the present tense. In addition, he began his response with the word “currently.” Moreover, defendant’s lawyer, in his cross-examination of Lieutenant Commander Donald Ray Opedal, elicited testimony to the effect that defendant represented at the August 9, 1985 meeting that he was unemployed. Finally, the Court instructed the jurors that the arguments of counsel were not evidence and that their recollection of the evidence controlled. See, e.g., United States v. Ashworth, 836 F.2d 260, 267 (6th Cir.1988) (<HOLDING>); United States v. Sarmiento, 744 F.2d 755, 762 
 Holding statements: (A) holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail (B) holding prejudicial effect of prosecutors comment not rendered harmless by courts general instruction that the arguments of counsel are not evidence (C) holding that an attorneys arguments are not evidence (D) holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify (E) holding that district court acted within its discretion in denying motion for mistrial when prosecutor commented on matter not in evidence in closing argument because comment was not sufficiently prejudicial when taken together with the courts later jury instruction that the jurys recollection of the evidence controlled and that the attorneys arguments were not evidence 

Solution: (E)