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: 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

Answer: holding that the gunfree school zone act exceeds congresss authority to regulate commerce


Question: the evidence of rape discussed above in Division 1, we conclude that the evidence at Martin’s trial was sufficient to support the statutory aggravating circumstances found as to both murders. See OCGA § 17-10-35 (c) (2) (requiring a review of the statutory aggravating circumstances foundby the jury);UAP Rule IV (B) (2) (providing that, in all death penalty cases, this Court will determine whether the verdicts are supported by the evidence). See also Ring, 536 U. S. 584; Jackson, 443 U. S. 307. 20. Considering both the murders for which Martin has been sentenced to death and Martin as a defendant, we find that the death sentences imposed in his case were not disproportionate punishment within the meaning of Georgia law. See OCGA § 17-10-35 (c) (3); Gissendaner, 272 Ga. at 716-717 (<HOLDING>). The cases cited in the Appendix support this 
 Holding statements: (A) holding that this courts statutorily mandated proportionality review concerns whether a particular death sentence is excessive per se or is substantially out of line (B) holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding such agreements to be per se illegal (E) holding that denial of access per se is noncompensable

Answer: holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial


Question: to institute the litigation in bad faith, intending only to harass the third parties and not to bring his claim to definitive adjudication.” Id. b. Plaintiffs and/or the Estate’s Lawsuit a Basis for Tortious Interference In their Counterclaims against Plaintiff and their Third Party Complaints against Liza and/or Andrew Kramer, Berck and Life Product failed to allege plausibly that any of the Kramers lacked belief in the merits of this litigation or that they intended this litigation only to harass. Although, arguably, the intent of the Parties is an issue to be determined as a matter of fact, dismissal is appropriate where, as here, such a factual allegation, if asserted, would lack plausibility. Iqbal, 129 S.Ct. at 1949 (2009) (quoting Twombly, 550 U.S. at 556-57, 127 S.Ct. 1955) (<HOLDING>). Without drawing any conclusions as to the 
 Holding statements: (A) holding that a plaintiff may present unsubstantiated factual allegations on appeal provided they are consistent with the complaint to show that the complaint should not have been dismissed (B) holding that twombly and iqbals plausibility standard applies (C) holding that a plaintiffs complaint need only establish a plausible entitlement to relief (D) holding that rule 12b6 dismissal is proper where it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations (E) holding that where a complaint pleads facts that are merely consistent with a defendants liability it stops short of the line between possibility and plausibility of entitlement to relief 

Answer:
holding that a plaintiff may present unsubstantiated factual allegations on appeal provided they are consistent with the complaint to show that the complaint should not have been dismissed