TASK DEFINITION: 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.
PROBLEM: than the Confrontation Clause, we review for plain error. See United States v. Acosta, 475 F.3d 677, 680 (5th Cir.2007); United States v. Green, 324 F.3d 375, 381 (5th Cir.2003). Our consideration of the district court’s decision begins and ends with the first element of plain error review because we conclude that the district court did not err in limiting the scope of Rios’s cross-examination. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009) (explaining that the first element of plain error review requires that “there must be an error or defect”). A defendant’s right to cross-examination is not unlimited. United States v. Bernegger, 661 F.3d 232, 238 (5th Cir.2011). The Sixth Amendment confrontation right is satisfied in this regard so Cir.1993) (<HOLDING>). In sum, establishing a Confrontation Clause 
 Holding statements: (A) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (B) holding that the district court satisfied the confrontation clause by permitting the defendant to present facts concerning the adverse witnesss plea agreement and incentives to cooperate (C) holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment (D) holding that the confrontation clause does not apply to the sentencing hearing (E) holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea

SOLUTION: holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement

PROBLEM: how much more of a connection to interstate commerce, if any, must be shown under a substantial rather than a de minimis standard. See Russell, 471 U.S. at 859-60 n. 4, 105 S.Ct. 2455 (suggesting in a pre-Lopez opinion that, under the Commerce Clause, Congress could only reach criminal activity “ ‘substantially affecting interstate commerce.’ ”). It is clear, however, that the direct interstate connection required by Instruction 10 is much more substantial than the indirect interstate connection articulated by the government and disapproved of by the Court in Lopez. In Lopez, the connections articulated by the government between the possession of a firearm in a local school zone and interstate commerce were, to say the least, attenuated. See Lopez, 514 U.S. at 567, 115 S.Ct. 1624 (<HOLDING>); see also Hicks, 106 F.3d at 189 (describing 
 Holding statements: (A) holding that a reasonable inference need not be the sole possible inference (B) holding that adverse inference rule is permissive (C) recognizing that a vital fact may not be established by piling inference upon inference (D) holding that the nonmovant need not be given the benefit of every inference but only of every reasonable inference (E) recognizing that to uphold the government contentions would require the court to pile inference upon inference

SOLUTION: holding that a reasonable inference need not be the sole possible inference

PROBLEM: 56(c)). “A ‘genuine’ issue is one that could be resolved in favor of either party, and a ‘material fact’ is one that has the potential of affecting the outcome of the case.” Calero-Cerezo v. U.S. Dep’t. of Justice, 355 F.3d 6, 19 (1st Cir.2004) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). “The moving party ‘bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.’ ” DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)); see also Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548 (<HOLDING>). “Once the moving party has pointed to the 
 Holding statements: (A) holding that if the movant cannot demonstrate conclusively that the nonmovant cannot prevail summary judgment is precluded (B) holding that in order for the movant to prevail on a summary judgment motion movant must either factually refute the affirmative defenses or establish that they are legally insufficient (C) holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances (D) holding that in summary judgment proceeding movant may prevail by averring that nonmoving party cannot establish an element essential to her case (E) recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case

SOLUTION:
holding that if the movant cannot demonstrate conclusively that the nonmovant cannot prevail summary judgment is precluded