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: his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. § 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders’s passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225 
 Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court
Example Output: holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal

Example Input: with a total of 8.3 grams of cocaine in them was consistent with both an intent to sell and with personal use. Id. at 631. We noted that the police did not find any money or drug paraphernalia on the defendant and there were “no other facts which would suggest an intent to sell.” Id. The packaging and weight of the drugs in this case is similar to that in Valentin, giving rise to similar conclusions about Alleyne’s intent. The state attempts to distinguish Valentin in two ways. First, there was no money found on Valentin, while Alleyne had $36 in his pocket and another $20 found in the paper bag with the marijuana. However, neither the amount of money found, nor the denominations of it were inconsistent with personal use. See Williams v. State, 569 So.2d 1376, 1377 (Fla. 2d DCA 1990) (<HOLDING>). Second, while the arresting officer in 
 Holding statements: (A) recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell (B) holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine (C) holding that evidence was sufficient to sustain conviction of front seat passenger of possession with intent to distribute marijuana in paper bag in foot well of volkswagen on passengers side near gearshift in presence of marijuana smoke (D) holding that evidence consisting of 10 pieces of cocaine marijuana rolling paper 72 and a weapon was not sufficient to prove intent to sell (E) holding that there was sufficient evidence of intent to sell or deliver where the defendant was in possession of one large cocaine rock and eight smaller rocks
Example Output: recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

Example Input: If the reliability test is not met and the methods or techniques are deemed unreliable, any expert testimony based upon such techniques is also considered unreliable and therefore inadmissible. See Franklin, 1999 UT 61 at ¶ 18, 987 P.2d 22. ¶ 22 Thus, the question before us is whether canine accelerant detection is novel scientific evidence. Scientific methods or tech- ñiques are not considered novel if they are “of the sort that ha[s] ‘attained general acceptance in ... the relevant scientific community.’ ” Patey v. Lainhart, 1999 UT 31, ¶ 16, 977 P.2d 1193 (ellipsis in original) (citation omitted). If scientific testimony is not based on novel scientific principles or techniques, the Rimmasch test is not implicated. See id.; see also State v. Adams, 2000 UT 42, ¶ 16, 5 P.3d 642 (<HOLDING>). Instead, the testimony must simply comply 
 Holding statements: (A) holding that daubert applies not only to testimony based on scientific knowledge but also to testimony based on technical and other specialized knowledge (B) holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed (C) recognizing under fre 702 that there is no clear line dividing testimony based on scientific knowledge from testimony based on technical or other specialized knowledge holding that a single flexible test for reliability applies to all expert testimony (D) holding that the district court did not abuse its discretion in denying motion for new trial based on newly discovered evidence where the evidence would serve only to impeach  testimony (E) recognizing that rimmasch is not intended to apply to all expert testimony but only for testimony based on newly discovered principles  quotations and citation omitted
Example Output:
holding that daubert applies not only to testimony based on scientific knowledge but also to testimony based on technical and other specialized knowledge