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.

Q: was pending on, AEDPA’s effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). “Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court’s decision] is plenary.” Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings tó be correct, 28 U.S.C. § 2254(d), but we “exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law.” Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct. 
 Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to  2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

A: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review
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Q: P.2d 171, 174-75 (1997) (providing that a party seeking to change custody must establish that circumstances have substantially changed since the most recent custodial order, and that any events that took place before the prior proceedings cannot be used to show changed circumstances). Although we will not substantively review the decree’s child custody arrangement because of mootness, we note, in passing, that a district court, faced with evidence that one parent is attempting to disrupt the other parent’s 8 (1993); see also NRS 125.480(1) (providing that the sole consideration in awarding custody of a child is the best interest of the child). 11 84 Nev. 710, 447 P.2d 664 (1968). 12 Id. at 711, 447 P.2d at 665. 13 Cf. Hopper v. Hopper, 113 Nev. 1138, 1143, 946 P.2d 171, 174-75 (1997) (<HOLDING>). 14 Most v. Most, 477 A.2d 250, 263 (Me. 1984) 
 Holding statements: (A) recognizing that conduct that preceded the prior custody determination cannot be admitted to show a change in circumstances (B) holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a subsequent petition may be filed upon a showing of a change in circumstances (E) holding court cannot change custody without showing that change is in best interests of child

A: holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances
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Q: felony offense, the government had to prove by a preponderance of the evidence that the firearm aided the felonious conduct (internal quotation marks omitted)). This circuit has not yet interpreted U.S.S.G. § 2K2.1(b)(5) to determine at what point a defendant would know or have reason to believe that the transferee intended to use the transferred firearms unlawfully. But cases interpreting the pri- or version of § 2K2.1(b)(5), which required that the defendant have reason to believe that the firearms “would be used or possessed in connection with another felony offense,” support the district court’s application of the current version of § 2K2.1(b)(5) in the present case. See United States v. Cummings, No. 93-2037, 1994 WL 91825, at *2 (6th Cir. Mar. 22, 1994) (unpublished opinion) (<HOLDING>); see also United States v. Cutler, 36 F.3d 
 Holding statements: (A) holding that the district court eired in applying the firearm enhancement where the government presented no evidence that the defendant possessed the gun or knew that the gun was located in the bottom of his codefendants backpack (B) holding that evidence of the defendants connection to the guns suggests possession of the drugs found next to the guns (C) holding a consent voluntary when a defendant who had been warned of his rights and knew police were investigating murders turned his gun over to a policeman who suggested that he could sell the gun for the defendant (D) holding that the application of  2k21b5 was appropriate where the volume of cummings gun sales was significant handguns constituted the largest proportion of the weapons sold cummings knew his customers were criminals and his customers knew the guns were stolen (E) holding that the defendant knew of his accomplices gun and benefitted from its presence for protection

A:
holding that the district court eired in applying the firearm enhancement where the government presented no evidence that the defendant possessed the gun or knew that the gun was located in the bottom of his codefendants backpack
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