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.

Example Input: CURIAM: Michael Disch appeals his convictions for mailing threatening communication, in violation of 18 U.S.C. § 876(c), and making false statements to an FBI agent, in violation of 18 U.S.C. § 1001. Disch argues that the district court judge was required to recuse himself sua sponte under 28 U.S.C. § 455(a) and § 455(b). Ordinarily, we review a judge’s decision not to recuse himself under § 455(a) and § 455(b) for an abuse of discretion. United States v. Bailey, 175 F.3d 966, 968 (11th Cir.1999); see also Parker v. Connors Steel Co., 855 F.2d 1510, 1527-28 (11th Cir.1988) (<HOLDING>). However, when a defendant fails to seek 
 Holding statements: (A) holding that a confrontation clause violation constituted harmless error (B) holding that a  455b violation is subject to harmless error review (C) holding that violation of rule 16 in that case was not harmless error (D) holding that confrontation clause violations are subject to harmless error review (E) holding that the omission of an element is subject to harmless error analysis
Example Output: holding that a confrontation clause violation constituted harmless error

Example Input: Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421 (4th Cir.2007) (city regulation was revised during the litigation to include a time limit for reviewing permits; however the court still found standing because Covenant had suffered an injury by the City’s application of the original unconstitutional ordinance that is redressable at least by nominal damages); Boulder Sign Co. v. City of Boulder City, Nevada, 281 Fed.Appx. 701 (9th Cir.2008) (City passed an ordinance banning all billboards while sign company was challenging size restrictions of the original ordinance; court found no standing because sign company’s alleged injury cannot be redressed by a favorable decision.); Coral Springs St. Sys. v. City of Sunrise, 371 F.3d 1320 (11th Cir.2004) (<HOLDING>); Granite State Outdoor Adven, Inc. v. 
 Holding statements: (A) recognizing that the zoning code of a homerule city is a legislative enactment (B) recognizing that code is speech (C) recognizing that source code is speech but not reaching the object code issue (D) holding that the challenge to the sign code is moot because the original code was repealed and superseded and there was no reasonable likelihood the city would reenact the old code (E) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law
Example Output: recognizing that the zoning code of a homerule city is a legislative enactment

Example Input: Count Twelve.) 6 . The Court notes that Gilbert's argument that he would be prejudiced by his inability to examine Troutman at a joint trial is without merit. The mere possibility of a co-defendant’s exculpatory testimony is an insufficient reason for severance. United States v. Studley, 892 F.2d 518, 525 (7th Cir.1989). A "mere possibility” of Troutman's testimony, however, is all Gilbert has presented as Trout-man may exercise her Fifth Amendment right not to testify even if Gilbert were tried separately. In addition, contrary to Gilbert’s argument (R. 109, Gilbert Reply at 25), he would not be allowed to ask the jury to draw inferences from Troutman's refusal to answer questions even if he were tried separately. See United States v. Mabrook, 301 F.3d 503, 507 (7th Cir.2002) 
 Holding statements: (A) holding that we have never found that it is permissible for a jury to make an inference from the invocation of a witnesss assertion of the fifth amendment (B) holding that trial court may draw adverse inference from habeas petitioners silence as result of fifth amendment invocation during deposition (C) holding that the statement ill take the fifth was an assertion of the fifth amendment privilege (D) holding that juveniles request for parent is invocation of fifth amendment rights (E) holding adverse inference permissible in the face of defendants repeated invocation of fifth amendment privilege in discovery responses
Example Output:
holding that trial court may draw adverse inference from habeas petitioners silence as result of fifth amendment invocation during deposition