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.

Example Input: to the “enforcement” of the reversal of the Bankruptcy Court’s Order allowing IMC an administrative expense. It would also be considered a core proceeding since it follows directly from a core proceeding. See 11 U.S.C. § 503(b) and 28 U.S.C. § 157(b)(2)(B). Basic principles of restitution and appellate procedure which dictate that a lower court always has the jurisdiction to order the restitution of an award overturned on appeal, even without a remand from the appellate court, also support our conclusion that the Bankruptcy Court had jurisdiction to rule on the Debtor’s Motion. See Caldwell v. Puget Sound Elec. Apprenticeship and Training Trust, 824 F.2d 765, 766-67 (9th Cir.1987) (citing Baltimore & Ohio R. Co. v. U.S., 279 U.S. 781, 786, 49 S.Ct. 492, 493, 73 L.Ed. 954 (1929)) (<HOLDING>). “The right to recover what one has lost by 
 Holding statements: (A) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (B) holding that the court had appellate jurisdiction to review the merits of the case because only the collateral issue of attorneys fees remained to be decided on remand to the bankruptcy court (C) holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal (D) holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings (E) holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court
Example Output: holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial

Example Input: found it “difficult to maintain on a priori grounds that sex is physically dangerous” to every potential victim under the statute. Id. at 299. The First Circuit examined a similar statute-punishing a person over the age of 18 who engages in sexual intercourse with a person between 14 and 16-in United States v. Sacko, 178 F.3d 1 (1st Cir.1999). The court determined that statutory rape crimes fall within the exception to the categorical approach because they “cover[ ] conduct both inside and outside the ‘violent felony’ sphere.” Id. at 4-5. We agree with the First and the Seventh Circuits that statutory rape statutes that include more mature victims and do not contain aggravating factors are not subject to the strict categorical approach articulated in Taylor. See Seaton, 45 F.3d at 111 (<HOLDING>). Thus, this case should be remanded for the 
 Holding statements: (A) holding the crime of conspiracy is committed or not before the substantive crime begins (B) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc  16 (C) holding that if a crime is broadly defined the court can look beyond the elements of the crime (D) holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction (E) holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime
Example Output: holding the crime of conspiracy is committed or not before the substantive crime begins

Example Input: upon which Gibel can “piggyback” her claim. Therefore, Gibel’s motion to intervene was properly denied. Conclusion For the reasons stated above, we affirm the judgment of the district court. 2 . The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. 3 . There is no state or local fair employment practices agency in Arkansas. Therefore, Shem-pert had 180 days, as opposed to 300 days, after the alleged unlawful employment practice occurred to file her charge with the EEOC. See 42 U.S.C. § 2000e-5(e)(l). 4 . The EEOC has filed an amicus curiae brief in support of Shempert and submits essentially the same argument on appeal. Therefore, our discussion addresses these arguments simultaneously- 5 . The regulation provides in relevant Cir.1994) (<HOLDING>). Other circuits have held that a timely-filed 
 Holding statements: (A) holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling (B) holding that an invalid charge can be perfected through equitable tolling (C) holding title vii subject to equitable tolling (D) holding that the timely filing of an eeoc charge is subject to waiver estoppel and equitable tolling (E) recognizing that a vested equitable estate can be passed through inheritance
Example Output:
holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling