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.

Input: Consider Input: until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept

Output: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded


Input: Consider Input: motion at which Pritchett would be represented by counsel or at which the court would determine that Pritchett knowingly, intelligently, and voluntarily waived his right to counsel. Ex parte Pritchett, 117 So.3d at 362. In the instant case, the circuit court immediately appointed new counsel to represent Trimble after Trimble gave his oral notice of appeal. Despite having newly appointed counsel who could file a motion for a new trial attacking his trial counsel’s alleged deficiencies, Trimble elected to file a pro se motion for a new trial. Therefore, unlike the defendant in Pritchett, Trimble had the benefit of newly appointed appellate counsel who represented him and who could file a motion for a new trial on his behalf. See King v. State, 613 So.2d 888 (Ala.Crim.App.1993) 
 Holding statements: (A) holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage (B) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver (C) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (D) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (E) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel

Output: holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage


Input: Consider Input: does not directly address the question of an intervenor's standing to appeal because the United States brought the original action and the defendant city raised the federal government's standing as a ground to dismiss the action. See City of Tacoma, 332 F.3d at 578. 23 . See Yniguez v. Arizona, 939 F.2d 727 (9th Cir.1991). 24 . See State ex rel. Merrill v. Ohio Dep't of Natural Res., 130 Ohio St.3d 30, 955 N.E.2d 935 (2011). 25 . See SEC v. U.S. Realty & Improvement Co., 310 U.S. 434, 448, 60 S.Ct. 1044, 84 L.Ed. 1293 (1940) (permitting the SEC to intervene in and appeal bankruptcy proceedings because it is "specially charged by various statutes with the protection of the interests of the investing public"); Mary R. v. B. & R. Corp., 149 Cal.App.3d 308, 196 Cal.Rptr. 871, 875 (1983) (<HOLDING>); Schaghticoke Indians of Kent, Conn., Inc. v. 
 Holding statements: (A) holding that board had standing to collaterally attack gag order based on its interest in fulfilling its statutory obligations to supervise and regulate the practice of medicine in this state and to investigate allegations of physician misconduct (B) holding that state court could regulate the practice of law in federal courts located in the state (C) holding that the press lacks standing to assert the free speech rights of another when the person subject to the gag order has not challenged it (D) holding that appraisal district had standing based on its interest in the validity of the statute that it is charged with implementing (E) holding that under section 25303 the board of supervisors has a statutory duty to supervise the conduct of all county officers


Output: holding that state court could regulate the practice of law in federal courts located in the state