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: are differences between sanctions under Rule 37(a) and substitution of counsel conditioned on payment of fees, the parallel considerations convince us that the Cunningham rationale applies here. Like Rule 37(a) sanctions, the present situation invokes concerns regarding finality, avoiding piecemeal appeals, and availability of effective appellate review.” Id. Cases from the First, Second, Third, and Fifth Circuits further support interpreting Cunningham as applying more broadly than to Rule 37(a) sanctions alone. The First Circuit recognized in Empresas Omajede, Inc. v. Bennazar-Zequeira, 213 F.3d 6, 9 n. 4 (1st Cir.2000), that Cunningham affirmed its precedents denying interlocutory appeals in the sanctions area. See, e.g., United States v. Kouri-Perez, 187 F.3d 1, 14 (1st Cir.1999) (<HOLDING>); Appeal of Licht & Semonoff 796 F.2d 564, 573 
 Holding statements: (A) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable (B) holding sanctions pursuant to rule 26g not immediately appealable (C) holding sanctions order pursuant to district courts inherent powers not immediately appealable (D) holding such denial to be an immediately appealable collateral final order (E) holding an order of rule 37a sanctions against an attorney is immediately appealable under  1291

Answer: holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable


Question: testimony, which included not just the cooperators but also the undercover agent, the government also played for the jury the taped conversations from the wiretap. In a number of these conversations, Herrera specifically discussed the drug quantities involved. Furthermore, this case does not present a situation such as the one the Supreme Court considered in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), where a conviction was overturned because there was too great a risk of evidentiary spillover, in part because there were thirty-two named participants and eight separate conspiracies. In the present matter there were only six named participants, two conspiracies and two defendants on trial. See United States v. Edwards, 69 F.3d 419, 433 (10th Cir.1995) (<HOLDING>). Given the strength of this evidence for 
 Holding statements: (A) holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant (B) holding that only one offense should have been charged when four separate packages of the same drug were found (C) recognizing the two different types of conspiracies under the federal statute (D) holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies (E) holding that the jury would have no problem separating the actions of the individual defendants where there were only four defendants and two separate conspiracies

Answer: holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant


Question: Court procedures or under G.L.1956 §§ 16-19-1 and 16-19-6 as to the number of absences from school that were necessary to incur possible liability as a truant. However, the administrative order specifies a threshold number of ten days of absence before a child may be referred either to the Diversion Program or to the formal juvenile calendar. Indeed, administrative order 2010-2 states that “[t]he Intake Department may refer cases to the Truancy calendar if the petition: * * * [h]as at least 10 days of absences and/or states that a student is habitually late or absent from school.” We are confident that a person of average intelligence need neither guess nor speculate about the number of absences that will result in a referral to the Truancy Diversion Program. See Moreau, 15 A.3d at 583 (<HOLDING>). Administrative order 2010-2 also details how 
 Holding statements: (A) holding that the statute defining drug paraphernalia and  564403cl were not unconstitutionally vague for want of certainty and definiteness because they give a person of ordinary intelligence notice that his contemplated conduct is forbidden (B) holding factor b is not unconstitutionally vague (C) holding that a statute is not unconstitutionally vague if it gives a person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly (D) holding flag contempt statute unconstitutionally vague (E) holding that essentially equivalent is unconstitutionally vague

Answer:
holding that the statute defining drug paraphernalia and  564403cl were not unconstitutionally vague for want of certainty and definiteness because they give a person of ordinary intelligence notice that his contemplated conduct is forbidden