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.
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Question: (Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

Answer: holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion


Question: facts underlying the charges for which the defendant had been acquitted were an “integral and natural part of an account of the [defendant’s] crimef.]” The same cannot be said for the facts at issue here, which relate to a seizure that occurred on an entirely different occasion. For that reason, we do not find either Agee or Solomon directly relevant to the present controversy. As a result, we will first examine the challenged evidence in light of the principles traditionally employed in evaluating challenges to evidence admitted pursuant to N.C. Gen. Stat. § 8C-1, Rule 404(b), which focus on the similarity between the prior incident and the incident that underlies the current charges against the defendant. See Dowling v. United States, 493 U.S. 342, 348, 107 L. Ed. 2d 708, 717 (1990) (<HOLDING>). To be sure, the events of 10 February 2005 
 Holding statements: (A) holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case (B) holding that the estoppel doctrine did not apply because unlike the situation in ashe v swenson the prior acquittal did not determine an ultimate issue in the present case (C) holding that a prior acquittal does not preclude the admission of evidence of a defendants other alleged crimes in a prosecution for the bank robbery on the basis of collateral estoppel principles because    the prior acquittal did not determine an ultimate issue in the present case (D) holding that a criminal acquittal does not have collateral estoppel effect on a later civil forfeiture proceeding based on the same conduct (E) holding that there is no need for a formal motion for a judgment of acquittal in a bench trial because the plea of not guilty asks the court for a judgment of acquittal

Answer: holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case


Question: or the Commission’s considered decision to impose a sentence at or near the maximum authorized only on those offenders who have engaged in three or more felonies. Instead, it allows the draconian effect of § 4B1.1 to reach even two-time offenders, in effect, redefining career offender status. Third, treating these sentences as separate also has implications for the reality and the appearance of fundamental fairness in sentencing. While an offender “has no substantive right to a particular sentence,” the Supreme Court has recognized that the “procedure which leads to the imposition of sentence” does implicate due process concerns. Gardner v. Florida, 430 U.S. 349, 358, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977); see Townsend v. Burke, 334 U.S. 736, 741, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948) (<HOLDING>). And those concerns are triggered where the 
 Holding statements: (A) recognizing that concerns for officer safety warrant criminal history check during traffic stop (B) recognizing due process concerns inherent in sentencing based on false criminal history (C) holding that sentencing criminals in part based on criminal history is rationally related to a legitimate government interest (D) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category (E) holding that request for departure in sentencing based on a criminal history category that overstated defendants record violated plea agreement that prohibited departure requests but did not stipulate to a specific criminal history category

Answer:
recognizing that concerns for officer safety warrant criminal history check during traffic stop