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.

Input: Consider Input: in a 3-2 decision does not settle the intent issue, because Honkanen did not consider the difference between intent to injure or inflict pain and intent to correct. Additionally, Honkanen’s rationale may be outdated in light of the 2001 amendments to NRS 48.061, which expand the use of bad-act evidence in domestic violence cases, 2001 Nev. Stat., ch. 360, § 1, at 169; see NRS 33.018(1)(a) (defining “domestic violence” to include battery on an accused’s minor child), and Bigpond, which recognizes that character evidence can be admissible so long as it has a credible, non- propensity purpose, such as explaining the relationship dynamics between a domestic-violence victim and the accused. 128 Nev. at 111, 270 P.3d at 1246; see also Harris v. State, 195 P.3d 161, 182 (Alaska Ct. App. 2008) (<HOLDING>). Cherry, J., concurring in part and dissenting 
 Holding statements: (A) holding that admission of rule 404b evidence was proper (B) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (C) recognizing that the holding in harvey v state 604 p2d 586 590 alaska 1979 a case similar to honkanen had been abrogated by the amendment of alaskas rule 404b to allow admission of prior incidents of domestic violence as an exception to the general rule against admitting such evidence (D) recognizing general rule (E) recognizing this as the general rule

Output: holding that admission of rule 404b evidence was proper


Input: Consider Input: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice

Output: holding that a defendant must demonstrate that he would not have pled guilty but for the error


Input: Consider Input: ... I believe the low end of the Guideline range is appropriate and will satisfy and address the factors in Section 3553 that I have just reviewed. R.30 at 15-16. II DISCUSSION A. Mr. Diaz contends that the district court misapprehended the extent of its authority to impose a sentence outside the advisory guidelines range. In support of this contention, he relies on the district court’s statement that factors such as the conditions of his pretrial confinement did not “warrant any deviation from the Guidelines.” R.30 at 15 (emphasis added). Notably, Mr. Diaz acknowledges the court’s affirmative statement that it was basing its sentence on the factors in section 3553(a). In Mr. Diaz’s view, however, this reference to section 3553(a) merely shows that the court was “confused th Cir.2006) (<HOLDING>). Reading the district court’s statement in 
 Holding statements: (A) holding that sentencing error did not affect defendants substantial rights because error did not result in longer term of imprisonment (B) holding that use of the pr ebooker term departure was not error because it did not make a substantive difference (C) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error (D) holding that the erroneous use of the term burglary in the beginning of the written jury instructions was not fundamental because any error was cured by the correct use of the term theft in the latter portion of the written instructions (E) holding that use of the term enhancement also a pr ebooker term did not require reversal where district court properly considered the guidelines to be advisory


Output: holding that sentencing error did not affect defendants substantial rights because error did not result in longer term of imprisonment