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:
of any act which is within the scope of the lawful duty or authority of that officer, ... or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a simple misdemeanor---However, if a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated misdemeanor. Iowa Code § 719.1(1). Because an aggravated misdemeanor under Iowa law carries the possibility of a two-year prison sentence, see Iowa Code § 903.1(2), it qualifies as a “prior felony conviction” for purposes of § 4B1.1, see USSG § 4B1.2, comment, (n.1). See United States v. Postley, 449 F.3d 831, 832 (8th Cir.2006) (<HOLDING>). To convict Malloy under section 719.1(1), a 
 Holding statements: (A) holding that an aggravated misdemeanor conviction under section 7191 is a felony for purposes of assessing criminal history points under ussg  4a12c (B) holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony (C) holding that drug felony under state law can constitute an aggravated felony for federal sentencing guidelines purposes even if the same conduct would not constitute a felony under federal law (D) holding that a felony conviction in new york state court for possession of cocaine constituted an aggravated felony where the conviction would have also been punishable under the controlled substance act even though the crime would have only constituted a misdemeanor under federal law (E) holding that conviction under  2702a3 or 4 is an aggravated felony under  101a43f

Ex Output:
holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony


Ex Input:
that the people in the venire do not represent a fair and reasonable cross-section of the District of New Mexico. See United States v. Foxworth, 599 F.2d 1, 4 & n. 4 (1st Cir.1979)(stating that residents of counties, cities, and towns do not constitute a distinct, cognizable group for purposes of Sixth Amendment cross-section analysis); United States v. Test, 550 F.2d 577, 582 (10th Cir.1976)(“Mere geographical imbalance, absent evidence that an identifiable and cognizable segment of the community has been systemically excluded or underrepresented by reason of such imbalance, does not violate the statutory and constitutional requirement that the jury panel represent a ‘fair cross section’ of the community.”); United States v. Traficant, 209 F.Supp.2d 764, 780-81 (N.D.Ohio 2002)(<HOLDING>). Considering the foregoing, the Court will 
 Holding statements: (A) holding that the defendant did not prove that italianamericans are a cognizable group (B) holding that residents of a geograph ic area are not a distinct cognizable group and citing united states v test which made clear that a geographic area is not a distinct group for support (C) holding same and citing physicians multispecialty group (D) recognizing women as a distinct group (E) recognizing native americans as a distinct group

Ex Output:
holding that the defendant did not prove that italianamericans are a cognizable group


Ex Input:
to remand based on the presence of a defendant from the forum state is based on a procedural defect in removal. Alter v. Bell Helicopter Textron, Inc., 944 F.Supp. 531, 534-35 (S.D.Tex.1996). III. FRAUDULENT JOINDER A. Standard To establish that a defendant is fraudulently joined to defeat removal jurisdiction, the removing party bears the heavy burden of proving either of the following: (1) there has been outright fraud in the plaintiffs’ recitation of jurisdictional facts; or (2) there is no possibility that the plaintiffs would be able to establish a cause of action in state court against the defendants whose citizenship prevents removal. Burden v. General Dynamics Corp., 60 F.3d 213, 217 (5th Cir.1995); see also Lackey v. Atlantic Richfield Co., 990 F.2d 202, 207 (5th Cir.1993) (<HOLDING>). Defendants do not argue that Plaintiffs are 
 Holding statements: (A) holding that a person who requests public records is a necessary party and must be joined in any action brought under rcw 4256540 (B) holding that a party fraudulently joined to defeat removal need not join in removal petition (C) holding a party cannot be joined to prevent removal where no cause of action can be brought against that party (D) holding that no judgment can be rendered against defendant who cannot be held liable (E) holding civil action cannot be joined to a criminal appeal

Ex Output:

holding that a person who requests public records is a necessary party and must be joined in any action brought under rcw 4256540