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 Q]: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. § 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. §§ 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant’s extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role “so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for ‘minimal’ participation”); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061, 
 Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
[EX A]: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

[EX Q]: with the general contractor to provide materials and labor. Decina, 258 Mich App at 422. 25 Id. 26 Id. at 423. Although the subcontractors did not contract with the homeowners directly, they were nevertheless at least initially entitled to a construction lien under the CLA. See MCL 570.1107(1) (“Each.. . subcontractor . .. who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement to real property .. ..”). 27 H A Smith Lumber & Hardware Co v Decina (On Remand), 265 Mich App 380, 382; 695 NW2d 347 (2005), rev’d 480 Mich 987 (2007). 28 Id. 29 Id. at 384-385. 30 Decina, 480 Mich at 988. 31 id. 32 Decina, 258 Mich App at 424, 431. 33 See MCL 570.1107(1) and (6); see also Vugterveen, 454 Mich at 129 (<HOLDING>). 34 Decina, 480 Mich at 988. 36 MCL 
 Holding statements: (A) recognizing that mcl 57011076 provides a real property owner with a defense to a claim of lien if the owner can show that the sum of payments made pursuant to the specific contract plus the claim of lien exceed the price of the contract (B) holding that the lien bond releases the property from the lien but the lien is then secured by the bond (C) holding that under nebraskas physicians lien statute a physicians lien could not exceed the amount the health care provider agreed to accept for the services rendered to a patient even if the usual and customary charge for such services is greater than that sum because the statute extends such lien only to the amount due or debt of the patient to the hospital (D) holding that the current property owner may not assert a public nuisance claim against the former owner (E) holding a lien is a claim against property  here a surety bond and breach of contract is a claim against a person thus the lien proceeding did not dispose of the breach of contract action
[EX A]: holding that the lien bond releases the property from the lien but the lien is then secured by the bond

[EX Q]: 932 So.2d at 541-42; Tandem Health Care of St. Petersburg, Inc. v. Whitney, 897 So.2d 531, 532 (Fla. 2d DCA 2005); Melamed, 425 So.2d at 128. The question then becomes, “What constitutes a ‘substantial issue?’ ” In Chastain—which was cited with.approval in R 3 (Fla. 4th DCA 2006) (“In this case, at the hearing on the motion to compel arbitration, Linden’s attorney failed to specify any issue that required an evidentiary hearing.”); Affinity Internet, Inc. v. Consolidated Credit Counseling Servs., Inc., 920 So.2d 1286, 1289 (Fla. 4th DCA 2006) (“No evidentiary hearing was required because no factual issues were in dispute and the issue of whether a valid arbitration agreement existed was a matter of law.”); Proper v. Don Connolly Constr. Co., 546 So.2d 758, 759-60 (Fla. 2d DCA 1989) (<HOLDING>). In this case, the following facts are 
 Holding statements: (A) holding that the  district court did not give the plaintiffs an adequate opportunity to be heard where it failed to conduct an in limine hearing and denied oral argument on the evidentiary issues (B) holding that contested factual issues in  2255 cases must be decided on the basis of an evidentiary hearing not affidavits (C) holding that the trial court did not need to conduct an evidentiary hearing when the dispute could be resolved as a matter of law (D) holding that trial court did not err in ruling on appellees motion for summary judgment before appellees complied with appellants discovery request when the record reflected that appellant filed a motion to compel three days before the hearing and the record did not reveal any effort on the part of appellant to secure a ruling from the trial court on its motion to compel or object at the trial court hearing the motion for summary judgment prior to ruling on the motion to compel (E) holding that a trial court need not conduct an evidentiary hearing on a  motion to compel or stay arbitration if it can determine the issue as a matter of law after inspecting the relevant documents and affidavits andlistening to argument oh the issues
[EX A]:
holding that the  district court did not give the plaintiffs an adequate opportunity to be heard where it failed to conduct an in limine hearing and denied oral argument on the evidentiary issues