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:
Corrupt Organizations Act (“RICO”) because Erickson failed to allege specific facts showing a pattern of racketeering activity. See Sanford v. Member-Works, Inc., 625 F.3d 550, 557-58 (9th Cir.2010) (discussing elements of a.RICO claim and particularity requirements of Fed.R.Civ.P. 9(b)). The district court properly dismissed Erickson’s claims under the Real Estate Settlement and Procedures Act (“RES-PA”) and the Truth in Lending Act (“TILA”) as time-barred because Erickson filed his action more than three years after the alleged violations. See 12 U.S.C. § 2614 (prescribing at most a three-year statute of limitations for violations of RES-PA); 15 U.S.C. § 1640(e) (an action for damages under TILA must be brought within one year of the alleged violation); see also King, 784 F.2d at 915 (<HOLDING>). However, after the district court dismissed 
 Holding statements: (A) holding fiveyear limitation period in 28 usc  2462 runs from date of predicate violation not from date of administrative assessment of sanction (B) holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond (C) holding that oneyear period runs from the discovery of the transfer (D) holding that the limitations period in section 1640e runs from the date of consummation of the transaction (E) holding  under section 1144s predecessor statute  that the 180day period runs from the date of the confirmation order even if the fraud is not discovered in the 180day period

Ex Output:
holding fiveyear limitation period in 28 usc  2462 runs from date of predicate violation not from date of administrative assessment of sanction


Ex Input:
are reversed with instructions that he be re-sentenced under a correctly calculated score sheet. Cooper also asserts the same argument for his 41.712-month sentence on the delivery of cocaine charge. The question, however, is whether this error is harmless because Cooper was sentenced as a habitual felony offender. While the 41.712-month sentence happened to be equal to the minimum guidelines sentence under the incorrectly calculated score sheet, the guidelines scoresheet is legally irrelevant because Cooper was habitualized. See § 775.084(4)(h), Fla. Stat. (2002)(“A sentence imposed under this section is not subject to s. 921.002 [The Criminal Punishment Code].”); Tannihill v. State, 848 So.2d 442, 444 (Fla. 4th DCA 2003); LaFleur v. State, 812 So.2d 545, 546 (Fla. 4th DCA 2002)(<HOLDING>); Kenon v. State, 780 So.2d 258, 261 (Fla. 5th 
 Holding statements: (A) holding habitual sentence rendered guidelines scoresheet irrelevant (B) holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal (C) holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal (D) holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines (E) holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range  even where the sentence imposed fell within the correct range

Ex Output:
holding habitual sentence rendered guidelines scoresheet irrelevant


Ex Input:
outline two methods for dealing with thirdparty liability: “cost avoidance” and “pay and recover later.” 42 C.F.R. § 433.139(a)(2) (2005). When the probable liability of a third party is established at the time a claim is filed, the state Medicaid agency is required to practice cost avoidance by rejecting the claim and returning it to the provider for a determination of the amount of third-party liability. See 42 C.F.R. § 433.139(b) (2005). When, on the other hand, probable thirdparty liability is established or other benefits become available after the claim is filed, the state Medicaid agency is required to use the pay and recover later method, see 42 C.F.R. § 433.139(c) (2005), also known as “pay and chase,” Atlanticare Med. Center v. Com’r of Div., 785 N.E.2d 346, 353 (Mass. 2003) (<HOLDING>). When a state Medicaid agency is obligated to 
 Holding statements: (A) holding that a state is not a person under 42 usc  1983 (B) holding that the court does not examine legislative history when the statutes text and context are not subject to more than one plausible reading (C) holding that 42 usc  1396aa13a which requires states to make reasonable reimbursement to providers was enforceable by the providers pursuant to section 1983 (D) holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action (E) holding that natural reading of 42 usc  1396a25b and legislative history demonstrate congressional intent that state medicaid agencies seek reimbursement from liable third parties rather than providers

Ex Output:

holding that a state is not a person under 42 usc  1983