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:
or inferences ... based on scientific, technical, or other specialized knowledge within the scope of Rule 702.” Fed.R.Evid. 701(c). In other words, lay testimony must "result[] from a process of reasoning familiar in everyday life” and not “from a process of reasoning which can be mastered only by specialists in the field.” Fed.R.Evid. 701 advisory committee's note (internal quotation marks omitted). "Testimony based solely on a person’s special training or experience is properly classified as expert testimony, and therefore it is not admissible under Rule 701.” Compania Administradora v. Titan Intern’l, Inc., 533 F.3d 555, 561 (7th Cir.2008). This includes testimony about an opinion reached during a parole officer’s investigation. See U.S. v. Garcia, 413 F.3d 201, 216 (2d Cir.2005) (<HOLDING>). Cue’s testimony here does not ”result[] from 
 Holding statements: (A) holding officer could testify based on his training and experience that a defendants actions were consistent with selling cocaine (B) holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue (C) holding that a law enforcement agent may not testify about an opinion reached during his investigation if the agents reasoning process depended in whole or in part on his specialized training and experience (D) holding that trial court did not abuse its discretion in qualifying an expert witness in the area of gang identity and investigation based on his training and experience (E) holding an agent from the drug enforcement agency could testify regarding the street value of cocaine where the agent was testifying regarding matters within his personal knowledge and experience as a narcotics officer

Ex Output:
holding officer could testify based on his training and experience that a defendants actions were consistent with selling cocaine


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:
stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service

Ex Output:

holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca