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.

Ex Input:
v. Valenzuela, 722 F.2d 1431, 1433 (9th Cir.1983) (requiring the defendant to shave); United States v. Lamb, 575 F.2d 1310, 1316 (10th Cir.1978) (same); United States v. Murray, 523 F.2d 489, 492 (8th Cir.1975) (requiring the defendant to wear a wig); United States v. Roberts, 481 F.2d 892, 894 (5th Cir.1973) (requiring the defendant to put on a stocking mask worn during the robbery). If a defendant who is compelled to don clothing before the jury does not “testify” for purposes of the Self-Incrimination Clause, it would seem to follow, a fortiori,' that the Self-Incrimination Clause also provides that a defendant who voluntarily dons clothing before the jury may not be required to subject himself to cross-examination. See United States v. Bay, 762 F.2d 1314, 1315-16 (9th Cir.1985) (<HOLDING>). We therefore conclude that a physical 
 Holding statements: (A) holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted (B) holding that the district court correctly declined to instruct the jury that the government was required to prove as an element of the offense that the defendant did not intend to establish a life with his wife (C) holding that a district court did not err in concluding that the defendant was not entitled to a downward departure due to his status as an alien subject to removal (D) holding that the district court erred in concluding that a defendant was required to take the stand to display his tattoos because the government may compel a defendant to display such physical characteristics (E) holding the government must demonstrate the defendant knew of the characteristics of the firearm that required it to be registered

Ex Output:
holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted


Ex Input:
relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

Ex Output:
holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion


Ex Input:
466, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999) (citing California v. Carney, 471 U.S. 386, 390-91, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985)). 3 . United States v. Vazquez, 555 F.3d 923, 930 (10th Cir.2009). 4 . United States v. Bradford, 423 F.3d 1149, 1160 (10th Cir.2005). 5 . See Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). 6 . United States v. Mathis, 357 F.3d 1200, 1203-04 (10th Cir.2004) (citing Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). 7 . Ornelas, 517 U.S. at 696, 116 S.Ct. 1657. 8 . See United States v. Jarvi, 537 F.3d 1256, 1259 (10th Cir.2008) (citing Wong Sun v. United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). 9 . See United States v. Gentry, 406 Fed.Appx. 274, 279 (10th Cir.2010) (<HOLDING>). 10 . See United States v. Herrera, 782 F.3d 
 Holding statements: (A) holding a defendant is not entitled to a franks hearing without making a substantial preliminary showing that defect in the affidavit is material (B) holding that speculation as to whether and when the police had actually field tested a bag reported to contain heroin falls far short of the substantial preliminary showing of intentional or reckless omission required by the franks test (C) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (D) holding that the defendant would have been entitled to a franks hearing had he shown that officers withheld negative information casting into doubt the dogs reliability (E) holding that a violation of the forum defendant rule is a jurisdictional defect

Ex Output:

holding that speculation as to whether and when the police had actually field tested a bag reported to contain heroin falls far short of the substantial preliminary showing of intentional or reckless omission required by the franks test