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.

quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority’s apparent conclusion that the penalty provisions of § 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109, 
 Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of  841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes
recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so

felt compelled, at the very least, to guess why the prosecutor behaved as he did. But the Batson framework was designed to avoid such “needless and imperfect speculation,” by asking prosecutors to perform the “simple” task of placing race-neutral reasons for peremptory strikes on the record. Johnson, 545 U.S. at 172, 125 S.Ct. 2410. As a result, this Court must conclude that the Appellate Division applied Batson and its progeny in an unreasonable manner. The Court appreciates the gravity of this holding, particularly in light of the Supreme Court’s admonition that AEDPA creates a “highly deferential standard for evaluating state-court rulings.” Cullen, 563 U.S. at 181, 131 S.Ct. 1388. Even in the Batson context, however, AEDPA deference has its limits. See, e.g., Jones, 555 F.3d at 101 (<HOLDING>). Enforcing those limits is the only way to 
 Holding statements: (A) holding that new york courts unreasonably applied batson (B) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (C) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (D) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action (E) holding that new york law applies to this matter
holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york

and TILA Subclass members are also Payday Loan Subclass members. See Brief at 3-4. The only reason that the TILA and EFTA Subclasses are so much smaller than the other subclasses is because the TILA and the EFTA both have one-year statutes of limitations, which restrict the number of proposed class members who have valid claims under these statutes. See Brief at 3-4. Although it is said that there is “no set formula,” Rex v. Owens, 585 F.2d at 436, or “strict numerical test” for determining when a class is sufficiently numerous for joinder to be impracticable, Bittinger v. Tecumseh Prods. Co., 123 F.3d at 884 n. 1, the reality is that a per se numerosity threshold seems to exist somewhere south of 150 proposed class members, see Mullen v. Treasure Chest Casino, LLC, 186 F.3d at 624 (<HOLDING>); Anderson Living Trust v. WPX Energy Prod., 
 Holding statements: (A) recognizing that substantial numbers usually satisfy the numerosity requirement (B) holding that a potential class of 256 members did not satisfy numerosity (C) recognizing that in determining numerosity the proper focus is not on numbers alone but on whether joinder of all members is practicable in view of the numerosity of the class and all other relevant factors (D) holding that 100 to 150 members  is within the range that generally satisfies the numerosity requirement (E) holding joinder not practicable where 100 to 150 class members were geographically dispersed

recognizing that substantial numbers usually satisfy the numerosity requirement