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.

under Section 15, Article II of the Maryland Constitution. The majority’s greatest foible, however, is in its treatment of the primary issue before this Court, whether the enactment of Senate Bill 1, by which the Legislature removed the PSC Commissioners, constituted an encroachment by the Legislature on the gubernatorial powers enumerated in Sections 1, 9 and 15, Article II of the Maryland Constitution, and a violation of Section 8 of the Declaration of Rights’ separation of powers. Aristotle’s principles, explored by John Locke, and later pragmatically structured by Baron de Montesquieu, are generally credited as the mainstay of the separation of powers doctrine. Edward Rubin, The Myth of Accountability and the Anti-Administrative Impulse, 103 Mich. L.Rev.2073, 2093 n. 59 (2005) (<HOLDING>)-, Jim Rossi, Dual Constitutions and 
 Holding statements: (A) holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government (B) recognizing that the american governments three distinct branches originate from a fusion of concepts found in aristotles the politics john lockes the second treatise of government and montesquieus the spirit of laws (C) recognizing products liability concepts as part of general maritime law (D) recognizing that when other branches of government are remiss in their constitutional duties the judiciary must act (E) recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government
holding that claim premised on the organizing arming and disciplining of members of the national guard involved issue committed expressly to the political branches of government

however, had received the full procedural due process to which he was entitled for the 1996 events to which the court was referring. The events, in fact, culminated in a decision and order of the Lincoln County Appeal Board calling for Pratt’s reinstatement. Defendants, therefore, are entitled to a summary judgment on this issue. Furthermore, because the LCPO has been dissolved, the issue of Pratt’s employment status, particularly after he was reinstated, is now moot. B. Constitutionally Protectable Property Interest Neither Exists In Pratt’s Job Duties Nor In Pratt’s Suspension When Such Suspension Is With Pay. [¶ 19] Pratt argues the defendants are not entitled to a qualified immunity because the defendants obstructed the reinstatement order of the Appeal Board -42 (4th Cir.1990) (<HOLDING>); Fields v. Durham, 909 F.2d 94, 98 (4th 
 Holding statements: (A) holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property (B) holding inmates possess a constitutionally cognizable property interest in the interest earned on money held in their prison accounts (C) holding that sovereign immunity does not protect the state from claims for statutory employment benefits that constitute a protected property interest (D) holding that constitutionally protected property interest in employment does not extend to right to possess and retain particular job or to perform particular services (E) holding parental rights are constitutionally protected fundamental interest
holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property

at 422) (alteration in original). But even then, the equation of legal and factual non-consent mixes considerations of physical disparity (“smaller” or “weaker”) with considerations of mental or emotional disparities (“less experienced,” “authority figures”). While this assumption may be valid where the minor is a younger child, see, e.g., Reyes-Castro, 13 F.3d at 379, it does not hold true where the victim is an older adolescent, who is able to engage in sexual intercourse voluntarily, despite being legally incapable of consent. See United States v. Houston, 364 F.3d 243, 247 (5th Cir.2004) (distinguishing factual and legal consent for purposes of determining whether statutory rape is a crime of violence under U.S.S.G. § 4B1.2); Dickson v. Ashcroft, 346 F.3d 44, 51-52 (2d Cir.2003) (<HOLDING>). Therefore, while we agree that the 
 Holding statements: (A) holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc  16b (B) holding that theft from the person is not a crime of violence (C) holding that the impact upon the victims is relevant to circumstances of the crime (D) holding that unlawful imprisonment of a minor or incompetent adult is not a crime of violence under  16b because the crime can be accomplished with the victims acquiescence (E) holding a crime committed under a nebraska statute criminalizing sexual contact between an adult and a minor a felony crime of violence for sentencing purposes

holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc  16b