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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors,” those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields’s Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106 
 Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

Ex Output:
holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment


Ex Input:
in which this Court's authority to review criminal convictions was greatly circumscribed.” Cotton, 535 U.S. at 629, 122 S.Ct. 1781. It could examine constitutional errors in a criminal trial only on a writ of habeas corpus, and only then if it deemed the error "jurisdictional.” Id. (internal quotation marks omitted). "The Court’s desire to correct obvious constitutional violations led to a 'somewhat expansive notion of jurisdiction.Id. (quoting Custis v. United States, 511 U.S. 485, 494, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994)) (internal quotation marks omitted). 25 . A charging instrument may be so deficient that a court does not have jurisdiction over the case; for instance, if the charging document was never filed. See State v. Kaulia, 128 Hawai'i 479, 491, 291 P.3d 377, 389 (2013) (<HOLDING>). Without deciding the matter, a charge that 
 Holding statements: (A) holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted (B) holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction (C) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (D) holding that the district court lacked jurisdiction to review state disciplinary proceedings against attorney (E) holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial

Ex Output:
holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted


Ex Input:
the jury verdict or admitted by the defendant.” Blakely, 124 S.Ct. at 2537. Butler argues that his “Sixth Amendment right to a jury trial was violated when the court used drug amounts and U.S.S.G. § 4Al.l(d) to enhance his sentence.” He also takes issue with the application of the career offender enhancement under U.S.S.G. § 4B1.1, which is based on his prior convictions. However, as explained supra, the jury specifically found the drug amounts beyond a reasonable doubt, and prior convictions need not be proven to a jury beyond a reasonable doubt under the Apprendi line of cases, even if they increase the minimum sentence applicable to a defendant. See Book er, 125 S.Ct. at 756; Blakely, 124 S.Ct. at 2537. Moreover, Butler admitted his previous drug felony convictions at trial. Cf. id. (<HOLDING>). Regardless, Butler’s Sixth Amendment argument 
 Holding statements: (A) holding that if sentence does not exceed maximum authorized by facts admitted by defendant or found by jury there is no sixth amendment violation (B) holding that an upward departure based on judges finding of deliberate cruelty violated the sixth amendment when the facts supporting that finding were neither admitted by defendant nor found by a jury (C) holding that sixth amendment not violated when sentence enhanced based on prior convictions that were not charged in indictment or admitted by defendant (D) holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted (E) holding that this court reviews a booker issue de novo where the defendant objected in the district court to sentence enhancements based on facts not found by a jury nor admitted by the defendant

Ex Output:

holding that if sentence does not exceed maximum authorized by facts admitted by defendant or found by jury there is no sixth amendment violation