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.
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Question: of not more than 15 years, and it similarly concluded as follows: If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment. 21 U.S.C. § 960(b)(1). The language of §§ 841(b)(1)(A) and 960(b)(1) thus squarely contradicts Walberg’s contention, for each stated that the special parole term shall be a minimum of a certain number of “years in addition to [the] term of imprisonment.” Accord United States v. Mack, 509 F.2d 615, 616 (9th Cir.1974) (per curiam), cert. denied, 421 U.S. 916, 95 S.Ct. 1578, 43 L.Ed.2d 783 (1975); Llerena v. United States, 508 F.2d 78, 82 (5th Cir.1975). Cf. Bifulco v. United States, 447 U.S. 381, 388, 100 S.Ct. 2247, 2252, 65 L.Ed.2d 205 (1980) (<HOLDING>). The legislative history of the Act and the 
 Holding statements: (A) holding conviction for cce murder 21 usc  848e1 is a separate offense from a cce 21 usc  848c (B) holding that no special parole term was authorized for a conviction for conspiracy in violation of 21 usc  846 which mentioned only fine and imprisonment and not special parole and emphazing the in addition to language of 21 usc  841b1b (C) holding that in order for a trial court to determine which of the three graduated penalty subsections of 21 usc  841b applies to defendants convicted of a  846 drug conspiracy the jury must be instructed to determine the threshold quantity of drugs attributable to each conspiracy defendant on trial (D) holding that the elements of a drug conspiracy under 21 usc  846 do include an overt act requirement (E) holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc  841b1a because felony drug offense was defined in 21 usc  80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state

Answer: holding conviction for cce murder 21 usc  848e1 is a separate offense from a cce 21 usc  848c


Question: to be heard on the motion have been misled but also show that correcting the defect will result in a different disposition of the case.” E.D. Mich. Local Rule 7.1(h)(3); see Graham ex rel. Estate of Graham v. Cnty. of Washtenaw, 358 F.3d 377, 385 (6th Cir.2004). Here, the district court found that Moniz “simply is attempting to re-argue [] issues which were already ruled upon by the Court when it dismissed his Complaint,” and thus denied the motion to reconsider. R. 14 (Dist. Ct. Order at 3) (Page ID # 129). This court has stated that a district court does not abuse its discretion in denying a motion to reconsider where the motion “merely raise[s] arguments that were already ruled upon.” Graham, 358 F.3d at 385; see also Lommen v. McIntyre, 125 Fed.Appx. 655, 659 (6th Cir.2005) (<HOLDING>). There was no abuse of discretion in the 
 Holding statements: (A) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (B) holding it was not an abuse of discretion to deny funds (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that it was not an abuse of discretion to deny a motion for reconsideration where the motion presented nothing new and merely rephrased allegations in the complaint (E) holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion

Answer: holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing


Question: record prior to judgment, it is clear that district courts have the discretion to grant such a motion: such an application to reopen the record is committed to the sound discretion of the district court. See Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 331-32, 91 S.Ct. 795, 28 L.Ed.2d 77, reh’g denied, 401 U.S. 1015, 91 S.Ct. 1247, 28 L.Ed.2d 552 (1971); Matthew Bender & Co., Inc. v. West Publ’g Co., 158 F.3d 674, 679 (2d Cir.1998) (“A district court’s decision to reopen the proof to allow a party to submit additional evidence is subject to its sound discretion”); Dow Chem. Pac., Ltd. v. Rascator Mar. S.A., 782 F.2d 329 (2d Cir.1986) (same); See also Caracci v. Brother Int’l Sewing Mach. Corp., 222 F.Supp. 769, 771 (E.D.La.1968) aff'd., 341 F.2d 377 (5th Cir.1965) (<HOLDING>) (internal citations omitted); 12 James Wm. 
 Holding statements: (A) holding that a trial court may properly look with more favor upon a motion to reopen made after submission but before any indication by it as to its decision (B) holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it (C) holding that bia abused its discretion in denying motion to reopen (D) recognizing laches as an equitable defense to a motion to reopen (E) holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it

Answer:
holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it