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: found it “difficult to maintain on a priori grounds that sex is physically dangerous” to every potential victim under the statute. Id. at 299. The First Circuit examined a similar statute-punishing a person over the age of 18 who engages in sexual intercourse with a person between 14 and 16-in United States v. Sacko, 178 F.3d 1 (1st Cir.1999). The court determined that statutory rape crimes fall within the exception to the categorical approach because they “cover[ ] conduct both inside and outside the ‘violent felony’ sphere.” Id. at 4-5. We agree with the First and the Seventh Circuits that statutory rape statutes that include more mature victims and do not contain aggravating factors are not subject to the strict categorical approach articulated in Taylor. See Seaton, 45 F.3d at 111 (<HOLDING>). Thus, this case should be remanded for the 
 Holding statements: (A) holding the crime of conspiracy is committed or not before the substantive crime begins (B) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc  16 (C) holding that if a crime is broadly defined the court can look beyond the elements of the crime (D) holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction (E) holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime

A: holding the crime of conspiracy is committed or not before the substantive crime begins
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Q: next argues that the standstill agreement initially executed on January 24, and repeatedly extended until March 26, tolled the running of the sixty-day cure period provided in the Distribution Agreement, and that because the parties entered into the initial standstill agreement four days before the end of the cure period, Innomed was entitled to four additional days to cure the breach beyond the expiration of the last standstill agreement on March 26, 2001. We agree with the district court, however, that the language of the standstill agreement unambiguously indicates that the parties agreed simply to postpone the date on which the termination would become effective, rather than to toll the running of the cure period. See Bourne v. Walt Disney Co., 68 F.3d 621, 629 (2d Cir.1995) (<HOLDING>) (internal quotation marks and citations 
 Holding statements: (A) holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law (B) holding that where the language of the contract is unambiguous and conveys a definite meaning the court may decide the meaning of the contract as a matter of law (C) holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties (D) holding as a general rule of contract law if no other meaning is reasonable the court shall rule as a matter of law that the meaning is established (E) holding that where each side ascribes a different meaning to what the sides claim is the unambiguous language in a contract the contract is ambiguous and summary judgment is improper

A: holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law
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Q: of fraud on the court. In this regard, the district court recognized that under binding Tenth Circuit precedent “[ijntent to defraud is an absolute prerequisite to a finding of fraud on the court.” Weese v. Schukman, 98 F.3d 542, 553 (10th Cir.1996). The district court then proceeded to set out at length its reasoning for concluding that McVeigh had not demonstrated a reasonable probability that given additional time he could present a viable claim of fraud on the court. Second, McVeigh is simply wrong in trying to compartmentalize the questions of fraud on the court and Brady materiality. If the evidence in question was not material, a fundamental requirement for fraud on the court would be absent. See United States v. Beggerly, 524 U.S. 38, 47, 118 S.Ct. 1862, 141 L.Ed.2d 32 (1998) (<HOLDING>). Furthermore, the fact that only non-material 
 Holding statements: (A) holding that motion filed under fedrcivp 60b properly construed as successive  2255 motion (B) holding that a motion to vacate a judgment under fedrcivp 60b is addressed to the sound discretion of the trial court   citations omitted (C) holding that while a district court lacks jurisdiction to deny a 60b motion while an appeal is pending it can certify that it will grant a 60b motion if the court of appeals remands the case for that purpose (D) holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc  3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp (E) holding that fedrcivp 60b motion premised on fraud on the court is available only to prevent a grave miscarriage of justice

A:
holding that motion filed under fedrcivp 60b properly construed as successive  2255 motion
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