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.

Q: the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009). We will not reverse a conviction because of an erroneous instruction unless we are “left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.” Id. at 1342-43 (quotation marks omitted). We evaluate the instruction as a whole and in the context of the entire trial. United States v. Seabrooks, 839 F.3d 1326, 1333 (11th Cir. 2016), petition for cert. filed, (U.S. Feb. 16, 2017) (No. 16-8072). Challenges to jury instructions that are raised for the first time on appeal, however, are reviewed for plain error only. United States v. Madden, 733 F.3d 1314, 1322-23 (11th Cir. 2013) (<HOLDING>); United States v. Schlei, 122 F.3d 944, 973 
 Holding statements: (A) holding that the defendant bears the burden under plainerror review (B) holding that a defendant who fails to raise rule 11 error at trial has the burden to satisfy the plainerror rule (C) holding that plainerror review applies where the defendant fails to object to a constructive amendment (D) holding that plainerror review applies when a defendant fails to make a specific rule 32i3b objection based on a district courts failure to resolve a factual dispute (E) holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute

A: holding that the defendant bears the burden under plainerror review
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Q: with ever since his age of 13 and believes that this criminal record and his continued violation of the law does require a sentence at the top of the guideline range.” Id. at 8. I. A. Commerce Clause Challenge to Section 922(g)(1) Williams first challenges the constitutionality of the felon-in-possession statute as it applies to his possession of the Smith and Wesson revolver. Williams posits that because he possessed the gun solely within the State of Wisconsin, and because the record reveals no substantial connection between his possession of the gun and interstate commerce, Congress had no authority under the Commerce Clause, see U.S. Const. Art. I, § 8, cl. 3, to reach his possession of the gun. See United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995) (<HOLDING>). Williams did not make this argument below, so 
 Holding statements: (A) holding that the gunfree school zone act exceeds congresss authority to regulate commerce (B) holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce (C) holding that enactment of  13981 exceeded congressional authority under either the commerce clause or section 5 of the fourteenth amendment (D) holding that gunfree school zones act of 1990 which proscribed possession of a firearm within 1000 feet of a school exceeded congressional authority under commerce clause because it reached conduct that did not substantially affect or have a meaningful connection with interstate commerce (E) holding that the gunfree school zones act exceeds congress power under the commerce clause

A: holding that the gunfree school zone act exceeds congresss authority to regulate commerce
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Q: the hallmarks of traditional legislation.” Bogan, 523 U.S. at 54-56, 118 S.Ct. 966. Such traditional legislation includes “policymaking decisions] implicating budgetary priories ... and the services the [government] provides to its constituents.” Id. Legislative immunity applies to acts within the “legislative sphere” even w sparse record, the Court cannot state as a matter of law that Defendants are entitled to legislative immunity. See Phillips v. Town of Brookhaven, 216 A.D.2d 374, 375, 628 N.Y.S.2d 723 (2d Dep’t 1995) (stating that “[i]t cannot be determined on the instant record that the individual defendants were acting exclusively in a legislative capacity, which is required for immunity to attach”); see also Moxley v. Town of Walkersville, 601 F.Supp.2d 648, 662 (D.Md.2009) (<HOLDING>). This ruling does not prevent Defendants from 
 Holding statements: (A) holding that the burden is on the defendants to establish the existence of absolute legislative immunity (B) holding that legislative immunity does not depend on motivation for legislative action even if the motive was to impinge on plaintiffs free speech rights (C) holding that the doctrine of legislative immunity is not uniquely asserted on motions to dismiss (D) recognizing the authority of the district court to dismiss an action pursuant to  1915d based on the doctrine of qualified immunity (E) holding that the federal government does not waive its immunity where there is no private counterpart even when uniquely governmental functions are involved

A:
holding that the burden is on the defendants to establish the existence of absolute legislative immunity
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