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.

Ex Input:
to support the jury’s verdict. The judgment of the court of appeals is reversed, and the case is remanded to that court to consider the appellant’s remaining point of error. WOMACK, J., filed a concurring opinion, in which KELLER, P.J., and MEYERS, J., joined. COCHRAN, J., filed a dissenting opinion, in which JOHNSON and HOLCOMB, JJ., joined. 1 . Nicotinamide is a substance commonly used as a controlled substance additive. 2 . We have held that the State is no longer required to show what amount of a controlled substance and what amount of an adulterant or dilutant make up a mixture for purposes of possession of a controlled substance. Melton v. State, 120 S.W.3d 339, 344 (Tex.Crim.App.2003). 3 . See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (<HOLDING>). 4 . Seals v. State, No. 05-03-01105-CR, slip 
 Holding statements: (A) holding that a reviewing court must determine whether viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged (B) holding that when conducting a legal sufficiency review the reviewing court should view the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt (C) holding that when reviewing the sufficiency of evidence to support a state criminal conviction the relevant question under the due process clause of the fourteenth amendment is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt (D) holding that in evaluating sufficiency of the evidence in habeas corpus petitions we view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt (E) holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt

Ex Output:
holding that a reviewing court must determine whether viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged


Ex Input:
593, 598 (4th Cir.), cert. denied, — U.S. -, 117 S.Ct. 1, 135 L.Ed.2d 1098 (1996), and of mixed questions of law and fact, see Miller v. Fenton, 474 U.S. 104, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). However, the state court’s factual findings underlying those determinations are presumed to be correct and binding, as long as they were made after a full, fair, and adequate hearing on the merits. See 28 U.S.C.A. § 2254(d) (West 1994) (pre-AED-PA); see also Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 768-69, 66 L.Ed.2d 722 (1981). The habeas petitioner bears the burden of es ing that the findings of the trial court on discriminatory intent in Batson challenge are reviewed for clear error); Dayton Bd. of Educ. v. Brinkman, 443 U.S. 526, 534, 99 S.Ct. 2971, 2977, 61 L.Ed.2d 720 (1979) (<HOLDING>); Jones v. Plaster, 57 F.3d 417, 421 (4th 
 Holding statements: (A) holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard (B) holding that the question of causation in a prima facie case of retaliation brought under general statutes  46a60 is factual in nature and thereby subject to the clearly erroneous standard of review (C) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (D) holding that pretext is subject to the clearly erroneous standard (E) holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard

Ex Output:
holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard


Ex Input:
he is sentenced. See 18 U.S.C. § 3553(f)(1), (2). Mr. Hernandez has nine criminal history points, see PSI ¶ 35, and pled guilty to violations of two firearm possession offenses, and therefore the relief afforded by section 3553(f) is not available to him. B. Criminal History Mr. Hernandez argues that the court should depart from the applicable sentencing range because his criminal history category overstates the seriousness of his past criminal conduct. See U.S.S.G. § 4A1.3 (policy statement) (authorizing departure when a defendant’s criminal history category “significantly over-represents the seriousness of a defendant’s criminal history category or the likelihood that the defendant will commit further crimes”); see also United States v. Shoupe, 988 F.2d 440, 446-47 (3d Cir.1993) (<HOLDING>). Specifically, Mr. Hernandez contends that the 
 Holding statements: (A) holding that a court may depart downward from the applicable guideline range under section 4a13 (B) holding that district court must provide reasonable notice of intent to upwardly depart from guideline range (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range (E) holding that consideration by a sentencing court of acquitted conduct was appropriate in establishing the applicable guideline range or in determining the sentence to impose within the guideline range

Ex Output:

holding that district court must provide reasonable notice of intent to upwardly depart from guideline range