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.

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

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
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Q: hard at Whirlpool, that is not a mitigating factor. Those are things that we are expected to do, all of us. We are expected to work hard at our jobs. We are expected to be involved in our children’s lives. We are expected to be civil to the people that we work and live around. Those aren’t mitigating factor[s]. Those are what every single human being should do. The Defendant is asking for extra credit because he did it sometimes. Appellant argues that these statements misled the jury because Arkansas neither defines nor limits mitigation by statute. And, in fact, he points to decisions by this court wherein the court has held that there is no requirement that the mitigating circumstances reduce culpability for the offense. See Pickens v. State, 292 Ark. 362, 730 S.W.2d 230 (1987) (<HOLDING>). He asserts that the prosecutor’s remarks 
 Holding statements: (A) holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence (B) holding that sentencing scheme that permitted a limited range of mitigating evidence was unconstitutional because the eighth and fourteenth amendments require that the sentencer  not be precluded from considering as a mitigating factor any aspect of a defendants character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death (C) holding that any relevant mitigating evidence concerning a defendants character should not be excluded (D) holding that relevant evidence supporting a defendants theory of defense should not be excluded unless no other remedy suffices (E) holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor

A: holding that a sentencer may not refuse to consider as a matter of law any relevant mitigating evidence
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Q: factual disputes. See Doc. 57. Further, although the Court has reviewed the entire-record, the Court will discuss only the facts necessary to resolve the parties’ cross-motions for summary judgment. 4 .All further statutory references are to the California Penal Code unless otherwise indicated. 5 . See, e.g., Silvester v. Harris, 41 F.Supp.3d 927, 962 (E.D.Cal.2014) (finding California law imposing a 10-day waiting period on purchase of firearms "burdens [and violates] the Second Amendment right to keep and bear arms”); United States v. Marzzarella, 614 F.3d 85, 92 n. 8 (3d Cir.2010) ("Commercial regulations on the sale of firearms do not fall outside the scope of the Second Amendment”); Illinois Ass'n of Firearms Retailers v. City of Chicago, 961 F.Supp.2d 928, 947 (N.D.Ill.2014) (<HOLDING>); Teixeira v. Cnty. of Alameda, No. 
 Holding statements: (A) holding that chicagos laws which ban gun sales and transfers other than inheritance are declared unconstitutional under the second amendment (B) holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt (C) holding that because the first sentence of  45106a expressly limited the preemptive effect to inconsistent state regulation it would not infer a negative pregnant from the second sentence of subsection a that laws other than the specific state criminal laws described would be preempted (D) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept (E) holding that a juvenile whose sentence is unconstitutional under the eighth amendment is entitled to be resentenced under chapter 2014220 laws of florida

A:
holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt
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