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: did not present any evidence before the district court to meet his burden of showing that the affidavit, which directly corroborates Johnson’s testimony before the magistrate judge, is false or unreliable. Accordingly, even assuming arguendo that the district court erred, we readily conclude that any error was harmless. B. Credibility of Witnesses The district court’s findings of fact at a revocation hearing are reviewed for clear error. United States v. Almand, 992 F.2d 316, 318 (11th Cir.1993). “The credibility of a witness is in the province of the factfinder and this court will not ordinarily review the factfinder’s determination of credibility.” United States v. Copeland, 20 F.3d 412, 413 (11th Cir.1994); see also United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir.2002) (<HOLDING>). We defer to the lower court’s credibility 
 Holding statements: (A) holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony (B) holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others (C) holding jury as judge of credibility may believe all some or none of the testimony (D) holding in the context of a criminal trial that a courts choice of who to believe is conclusive unless the judge credits exceedingly improbable testimony (E) holding that where testimony is inherently improbable the court may choose to disregard it

Answer: holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony


Question: the defendant’s applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment).” Id., app. note 1(A). In November 2007, the Sentencing Commission issued Amendment 706, which reduced the base offense level for crack cocaine offenses under § 2Dl.l(c) by two levels. See U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). The Commission later made the amendment retroactively applicable. See U.S.S.G. App. C, Amend. 713 (Supp. May 1, 2008). As indicated, Jefferson sought to have his sentence reduced as result of those amendments. However, they do not apply here because Jefferson was sentenced to a mandatory minimum sentence required by statute. See United States v. Doe, 564 F.3d 305, 311-12 (3d Cir.2009) (<HOLDING>). Because the District Court did not abuse its 
 Holding statements: (A) holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based (B) holding that a defendant whose original sentence was based upon the careeroffender guideline and not  2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range (C) holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline (D) holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under  3582 (E) holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline

Answer: holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based


Question: fraud. See Grageda v. U.S. INS, 12 F.3d 919, 921 (9th Cir.1993); Goldeshtein, 8 F.3d at 647. However, we have included in this category acts “of baseness or depravity contrary to accepted moral standards,” Grageda, 12 F.3d at 921 (quotation omitted), such as spousal abuse, child abuse, and statutory rape which involve moral turpitude “by their very nature.” See id. at 922 (spousal abuse); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir.1969) (child abuse); Bendel v. Nagle, 17 F.2d 719, 720 (9th Cir.1927) (statutory rape). Incest also involves an act of baseness or depravity contrary to accepted moral standards, and we hold that it too is a “crime involving moral turpitude.” See also II American Law Institute, Model Penal Code and Commentaries § 230.2 cmt. 2(d), 406-07 (1980) (<HOLDING>). Gonzalez-Alvarado, 39 F.3d at 246. Taking a 
 Holding statements: (A) holding that although a state may be free to develop its own laws of search and seizure to meet law enforcement needs such laws may not authorize police conduct which trenches upon fourth amendment rights regardless of the labels which it attaches to such conduct (B) recognizing general rule (C) holding the statutory scheme of two federal laws was not void for vagueness and did not violate equal protection or due process even though the defendants conduct violated both laws (D) recognizing that laws against incest reinforce a community norm of general and intense hostility toward such conduct (E) recognizing this as the general rule

Answer:
holding that although a state may be free to develop its own laws of search and seizure to meet law enforcement needs such laws may not authorize police conduct which trenches upon fourth amendment rights regardless of the labels which it attaches to such conduct