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.
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Question: 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

Answer: 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


Question: reviews de novo the application of the law to those facts.” Mungin v. State, 982 So.2d 986, 998 (Fla.2006). A. Stipulating to Evidence for the Motion to Suppress Parker’s May 7, 1982, Statement In this claim, Parker contends that trial counsel was ineffective for stipulating to the evidence used to decide whether his May 7, 1982, statement was admissible. Parker’s May 7 statement was admitted during the resentencing proceeding through the testimony of Detective Powers. Because Parker had invoked his right to counsel prior to making the May 7 statement, the admissibility of that statement under United States Supreme Court precedent turns on whether Parker initiated the May 7 contact with law enforcement. See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (<HOLDING>). The stipulated evidence included hearsay 
 Holding statements: (A) holding that under the fifth amendment once an accused person in custody has expressed his or her desire to deal with the police only through counsel that person is not subject to further interrogation by the authorities until counsel has been made available  unless the accused himself initiates further communication exchanges or conversations with the police (B) holding that when an accused has invoked his right to have counsel present during custodial interrogation a valid waiver of that right cannot be established by showing only that he responded to further policeinitiated custodial interrogation even if he has been advised of his rights an accused  having expressed his desire to deal with the police only through counsel is not subject to further interrogation by the authorities until counsel has been made available to him unless the accused himself initiates further communication exchanges or conversations with the police (C) holding that edwards precludes further interrogation unless he the accused himself initiates further communications (D) holding that subsequent to an invocation of counsel the edwards per se rule does not apply if an accused himself initiates further communication exchanges or conversations with the police (E) holding that an accused who has invoked the right to counsel is not subject to further interrogation unless the accused himself initiates further communication exchanges or conversations with the police

Answer: holding that when an accused has invoked his right to have counsel present during custodial interrogation a valid waiver of that right cannot be established by showing only that he responded to further policeinitiated custodial interrogation even if he has been advised of his rights an accused  having expressed his desire to deal with the police only through counsel is not subject to further interrogation by the authorities until counsel has been made available to him unless the accused himself initiates further communication exchanges or conversations with the police


Question: Plaintiff choose to file an amended complaint, he must do so within 30 days of this Order, addressing the deficiencies outlined herein. He is advised that an amended complaint replaces the Complaint currently pending before the Court in its entirety and therefore must include all of his claims and factual allegations against all Defendants against whom he wishes to proceed. The amended complaint must be captioned “ First Amended Complaint” and bear the same docket number as this Order. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 40). SO ORDERED. 1 . The Court notes that Defendants do not raise the issue of qualified immunity and, as a result, declines to address it at this stage. See Satchell v. Dilworth, 745 F.2d 781, 784 (2d Cir.1984) (<HOLDING>); accord Betts v. Shearman, No. 12-CV-3195, 
 Holding statements: (A) holding that mitigation of damages is an affirmative defense that must be pleaded (B) holding that fair use is an affirmative defense (C) holding that qualified immunity is an affirmative defense that must be pled by the official who claims it (D) holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense (E) holding that affirmative defenses are waived if not pled

Answer:
holding that mitigation of damages is an affirmative defense that must be pleaded