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.

court’s description of the panel’s rationale as “one over which reasonable jurists may differ” can hardly be construed as a ringing endorsement of Bush v. Gore’s precedential value or its application to the issue of variations in voting technology. Shelley II, 344 F.3d at 918. At the very least, the Ninth Circuit’s unanimous decision in Shelley II divested the panel decision of whatever precedential value it otherwise would have had. Undeterred, the majority struggles to accord such value to Shelley I because the rationale adopted by the majority is virtually identical to the one provided by the Shelley I panel — namely, that the plaintiffs’ novel equal protection claims are controlled by Supreme Court precedents that mandate the equal weighting of votes. Compare Maj. Op. at 870-71 (<HOLDING>), with Shelley I, 344 F.3d at 894-95 
 Holding statements: (A) holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error (B) holding that the inclusion of the terms use and possess in a state law prohibiting the possession storage use manufacture or sale of fireworks in counties exceeding a certain population do not render the states exercise of police power unduly oppressive or unconstitutional (C) holding that the counties use of outdated technology results in the weighting of votes differently (D) holding that a plaintiff need only show that the results of a polygraph examination were a factor in the termination of employment and rejecting requirement that results be the sole factor for employees discharge (E) holding that in a statutory fee case the results obtained factor was already subsumed in the lodestar and that results multipliers should be awarded only in some cases of exceptional success
holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error

until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept
holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded

have travelled in interstate commerce to commit the murder, thereby making Mandaeina the cause of McGuire’s interstate travel. Second, the evidence listed above also provided a sufficient basis for the jury to conclude beyond a reasonable doubt that McGuire travelled in interstate commerce with the intent to murder Strada. In view of the evidence, the jury could fairly conclude that McGuire’s intent to commit the murder was formed in January 1990, continued up until the time that he committed the murder on May 16, 1990 and existed at the time that he travelled from Rockford, Illinois to Kansas City, Missouri, on some date betweeh May 12,1990, and May 16,1990. See United States v. Ellison, 793 F.2d 942, 950-51 (8th Cir.), cert. denied, 479 U.S. 937, 107 S.Ct. 415, 93 L.Ed.2d 366 (1986) (<HOLDING>). Finally, Earlywine’s testimony that he was 
 Holding statements: (A) holding that the government must show only that a defendant had knowledge of the reporting requirements and acted to avoid them (B) recognizing that the government need only prove that crime occurred reasonably near the date stated in the indictment (C) holding after lopez that the interstate nexus element of the hobbs act still requires the government to show only a minimal connection to interstate commerce (D) holding that while the government was required to prove that the defendants phone call crossed a state line  the government did not need to prove that the defendant knew of the interstate nexus (E) holding that under a similar statute the government need only show that the defendant had the intent to carry on illegal activity and that the crime occurred in conjunction with interstate travel

holding that the government must show only that a defendant had knowledge of the reporting requirements and acted to avoid them