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: the direction that McDowell testified the assailant fled. Other evidence also confirmed that Hayward’s blood was found in the victim’s pockets and on the car. The discrepancies in McDowell’s testimony did not prove that he failed to observe or could not recall the most important points about which he testified. Hayward is correct that the trial court relied on McDowell’s testimony that Des-tefano said “I don’t have no more” in finding that the murder occurred during a robbery for pecuniary gain. However, that aspect of McDowell’s testimony never wavered. Although McDowell was older, in poor health, and possibly confused about some aspects of the event he witnessed, that does not provide a basis to disqualify him. See, e.g., Belcher v. Johnson, 834 So.2d 422, 422-23 (Fla. 2d DCA 2003) (<HOLDING>). Even insanity of a witness has been found to 
 Holding statements: (A) holding that an elderly woman with dementia is not disqualified as a witness simply for those reasons (B) holding that an order was final for these identical reasons (C) holding that a forensic accountant is an expert witness not a lay witness (D) holding that juror was not automatically disqualified under beckett because of the jurors friendship with a law enforcement officer who was a key witness for the stale (E) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue
Example Output: holding that an order was final for these identical reasons

Example Input: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. § 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. §§ 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant’s extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role “so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for ‘minimal’ participation”); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061, 
 Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
Example Output: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

Example Input: still pending as of the time plaintiffs filed the § 301 action. The six-month limitations period for challenging a union’s action under § 301 begins running when a union takes an “unequivocal position” that it will not pursue an employee’s claim against the employer. Glass, Molders, Pottery, Plastics & Allied Workers Local v. A-CMI Mich. Casting Ctr., 191 F.3d 764, 767 (6th Cir.1999). In the present case, the UAW’s GM representative publicly informed Delphi employees on December 1, 2000, that the union did not object to the Delphi spin-off, the Trenton facility closure, or the SAP. As of this date, Zeek reasonably should have known of the union’s unequivocal position regarding the plant closure and SAP. See Chrysler Workers Ass’n v. Chrysler Corp., 834 F.2d 573, 579-81 (6th Cir.1987) (<HOLDING>). The plaintiffs did not file their § 301 
 Holding statements: (A) holding that hybrid section 301 action could not be maintained until plaintiff could fairly allege that the union refused to process his grievance (B) holding that timeliness of section 301 hybrid claim against union is measured from the date the internal union appeals procedure is exhausted or broken down (C) holding that the statute of limitations begins to run under federal law when plaintiffs knew or should have known of the injury which forms the basis of their claims (D) holding that a knew or should have known standard applies to triggering of statute of limitations for action against union in hybrid  301 action (E) holding that a cause of action accrues when the claimant knew or reasonably should have known of the wrong
Example Output:
holding that hybrid section 301 action could not be maintained until plaintiff could fairly allege that the union refused to process his grievance