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[Q]: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits
[A]: holding that deliberate indifference to a serious medical need establishes an eighth amendment violation


[Q]: were convicted of conspiring to use, carry, or possess a firearm in furtherance of, inter alia, a conspiracy to violate the Neutrality Act and a conspiracy to provide services to the Taliban. 18 U.S.C. §§ 924(c),(o); J.A. 3223. Both Count Five and Count Eleven, in other words, ■ expressly allow one conspiracy to serve as the predicate for another conspiracy. Nothing about this statutory framework is unconstitutional, improper, or even unusual. Courts have recognized that one conspiracy can serve as the predicate for another conspiracy when the “[overarching] conspiracy and the predicate conspiracy are distinct offenses with entirely different objectives.” United States v. Pungitore, 910 F.2d 1084, 1135 (3rd Cir.1990); see also United States v. Ruggiero, 726 F.2d 913, 918 (2nd Cir.1984) (<HOLDING>); United States v. Brooklier, 685 F.2d 1208, 
 Holding statements: (A) holding that two conspiracies existed where the members of the second conspiracy did not know about the first conspiracy did not benefit from the first conspiracy and were connected with the first conspiracy only through a middleman (B) holding that congress intended to allow multiple punishments for rico conspiracies and conspiracies to commit the underlying predicate offense even though the offenses were the same under the blockburger test (C) holding that conspiracies can serve as predicate acts for a rico conspiracy (D) holding that judge erred in not explaining to jury that it could consider predicate acts listed in relation to substantive rico count when deciding whether defendants had also conspired to violate rico (E) recognizing money laundering as a predicate act under rico
[A]: holding that two conspiracies existed where the members of the second conspiracy did not know about the first conspiracy did not benefit from the first conspiracy and were connected with the first conspiracy only through a middleman


[Q]: unnee-essary given that the defendant is not very likely to reoffend. The defendant's correctional and rehabilitative treatment can best be provided by commitment to a penal facility. The defendant must be responsible and accountable for the crime he has committed. Being responsible and accountable means there will be consequences. These consequences are correctional and rehabilitative treatment that can best be provided by commitment to a penal facility. Incarceration is most appropriate for this crime and this defendant. Appellant's Appendix at 384. Here, the trial court failed to provide the necessary explanation of why Ray needed treatment in a penal facility. Accordingly, the trial court abused its disceretion by relying on this factor. See, e.g., Laughner, 769 N.E.2d at 1161-1162 (<HOLDING>). The trial court considered one improper 
 Holding statements: (A) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (B) holding that apart from its reference to facts inherent in the crime of which the defendant was committed the trial court failed to provide the necessary explanation of why the defendant needed treatment in a penal facility (C) holding counsel must only provide relevant facts of the crime (D) holding that the defendant must provide facts to establish what the conflict was (E) holding that a defendant more likely committed multiple acts if the defendants conduct in committing the lesser crime caused the victim to suffer an additional risk of harm beyond that inherent in the ultimate crime
[A]:
holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case