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.

Input: Consider Input: employee.” Lenoir v. Roll Coater, Inc., 13 F.3d 1130 (7th Cir.1994) citing Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). In this case, the Defendants state that Turner was fired because management honestly believed that Turner had directed threats towards other employees. The testimony of Gibbons, Woodward and Overstreet supports that story. The Court finds that the Defendants’ explanation has a reasonable basis in fact. The Court also finds that Turner’s alleged conduct, if true, would be sufficient to warrant discharge. There is no question that if the Defendants honestly believed that Turner actually made threats of violence, that Turner could be rightfully discharged. See Lenoir v. Roll Coater, 13 F.3d 1130, 1133 (7th Cir.1994) (<HOLDING>). 3. Pretext. Because the Defendants’ 
 Holding statements: (A) holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made (B) holding that if management honestly believed that the plaintiff employee possessed a weapon wielded at coworkers and made menacing comments then management had a reasonable explanation for discharging the plaintiff employee (C) holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct (D) holding that a partner in and accounting firm who brought an action under the age discrimination in employment act adea and the employee retirement income security act erisa was considered an employee because he was subject to the control of a management committee which acted in secrecy and had no bona fide ownership interest fiduciary relationship voting right or management control (E) holding that a plaintiff must comply with the notice of claim requirements in order to maintain an action against a government employee even if the plaintiff claims that the employee acted with fraud or malice

Output: holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made


Input: Consider Input: the evidence of rape discussed above in Division 1, we conclude that the evidence at Martin’s trial was sufficient to support the statutory aggravating circumstances found as to both murders. See OCGA § 17-10-35 (c) (2) (requiring a review of the statutory aggravating circumstances foundby the jury);UAP Rule IV (B) (2) (providing that, in all death penalty cases, this Court will determine whether the verdicts are supported by the evidence). See also Ring, 536 U. S. 584; Jackson, 443 U. S. 307. 20. Considering both the murders for which Martin has been sentenced to death and Martin as a defendant, we find that the death sentences imposed in his case were not disproportionate punishment within the meaning of Georgia law. See OCGA § 17-10-35 (c) (3); Gissendaner, 272 Ga. at 716-717 (<HOLDING>). The cases cited in the Appendix support this 
 Holding statements: (A) holding that this courts statutorily mandated proportionality review concerns whether a particular death sentence is excessive per se or is substantially out of line (B) holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding such agreements to be per se illegal (E) holding that denial of access per se is noncompensable

Output: holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial


Input: Consider Input: activity” refers to any predicate act that is relevant conduct under U.S.S.G. § 1B1.3). The indictment in this case alleged many predicate acts, but the jury verdicts did not specify which were attributable to any particular defendant. At sentencing, the district court found certain predicate acts attributable to each defendant, based on a preponderance of the evidence presented at trial. 1. Findings of predicate acts Barragan and Franco argue that the district court erred in att g racketeering activity” in RICO guidelines includes “any act, whether or not charged against defendant personally, that qualifies as a RICO predicate act under 18 U.S.C. § 1961(1) and is otherwise relevant conduct under § 1B1.3” (footnote omitted)); United States v. Pica, 692 F.3d 79, 88 (2d Cir. 2012) (<HOLDING>); United States v. Massimino, 641 Fed.Appx. 
 Holding statements: (A) holding that the district court could constitutionally consider the acquitted conduct in rico sentencing (B) holding that district court may treat acquitted conduct as relevant conduct at sentencing (C) holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct (D) holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant (E) holding that a district court may find acquitted conduct by a preponderance of the evidence


Output: holding that the district court could constitutionally consider the acquitted conduct in rico sentencing