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: method (under § 3663) in favor of an incorrect method (under § 1593), the district court erred. Moreover, we hold that the district court’s error was “plain,” because the statutes are clear and because the government openly admitted that its proposed methodology derived from the wrong restitution statute. See United States v. Tuyet Thi-Bach Nguyen, 565 F.3d 668, 677 (9th Cir.2009) (“An error is plain when it is ‘clear’ or ‘obvious’ under the law.”). Finally, we hold that the error affected Defendants’ substantial rights and affected the fairness, integrity, or public reputation of the judicial proceedings. The government did not present evidence — and the district court did not make findings — of the victims’ actual losses, as required by § 3663. See Bussell, 504 F.3d at 964 (<HOLDING>); United States v. Joyner, 201 F.3d 61, 81 (2d 
 Holding statements: (A) holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses (B) holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted (C) holding that under the restitution provision of the supervised release statute 18 usc  3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction (D) holding that the amount of restitution is limited to the victims actual losses  (E) holding that restitution in the full amount of each victims losses does not exceed the statutory maximum

A: holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses
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Q: abused its discretion by providing an unreasonable characterization of the record evidence. See McElwee, 896 A.2d at 18 & nn. 7-8. While SEPTA claims that this, too, necessarily entailed unwarranted fact-finding on the part of the Commonwealth Court, we believe that it aligns with the approach utilized in Sienkiewicz I, wherein this Court not only determined that no record evidence existed to support a particular factual finding central to the trial court’s decision to grant relief (i.e., that Penn-DOT had installed curbing along the “Stafford Straightaway”), but proceeded to delineate the essential facts that were proved by the uncontradicted record evidence in ultimately agreeing with Penn-DOT’s position that relief was unjustified. See Sienkiewicz I, 584 Pa. at 282, 883 A.2d at 502 (<HOLDING>). Under the circumstances of this case, then, 
 Holding statements: (A) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (B) holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property (C) recognizing distinction and allowing recovery for impairment of access and not obstructed flow of traffic (D) holding that the landownerlicensee relationship ceased when the licensee left the landowners property (E) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking

A: holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property
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Q: case, Plaintiffs statistical evidence is insufficiently tailored to support his individual claims. Plaintiffs statistics compare the promotion rate of employees within the same pay grade who perform similar job functions; however, these statistics generally fail to compare similarly situated individuals, significantly diminishing the probative value of any disparity. For example, Plaintiffs statistics do not account for differences in the type or level of the employees’ applied skills, both of which are highly related to hiring decisions. Plaintiff does not provide statistics comparing employees with equivalent work experience in specific job categories or job progressions, or outcomes for those employees, both black and white, who had actually applied for posted positions Cir.1989) (<HOLDING>); cf. James v. Stockholm Valves & Fittings Co., 
 Holding statements: (A) holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position (B) holding reliance on statistical evidence of inexorable zero was sufficient to establish prima facie case notwithstanding plaintiffs failure to reference appropriate workpool (C) holding that the plaintiff failed to establish a prima facie case of retaliation because there was no evidence that the decisionmaker knew of the plaintiffs protected conduct (D) holding that summary judgment was appropriate where plaintiffs statistical evidence which lacked specific analytical foundation and thus failed to show that employer maintained discriminatory intent was insufficient to establish prima facie case or pretext (E) holding that plaintiffs statistical evidence failed to establish prima facie case or pretext where evidence failed to make specific analytical comparisons

A:
holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position
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