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 Q]: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. § 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. §§ 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant’s extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role “so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for ‘minimal’ participation”); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061, 
 Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
[EX A]: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

[EX Q]: appealed the judgment of the Court of Veterans Appeals to this court. On appeal the Secretary contends that the Court of Veterans Appeals erred by not deferring to the Department’s reasonable interpretation of the statutory provisions governing claims for accrued benefits. The Secretary also disputes Mrs. Jones’s assertion that this court lacks jurisdiction to hear this appeal. ANALYSIS I. Jurisdiction to hear appeals from final decisions of the Court of Veterans Appeals is conferred upon this court by 38 U.S.C. § 7292 (1994). Under the express terms of that statute, however, we “may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.” 38 U 625, 110 S.Ct. 2658, 2663-64, 110 L.Ed.2d 563 (1990) (<HOLDING>). Accordingly, we have jurisdiction to hear 
 Holding statements: (A) holding that a district courts remand order effectively invalidating certain regulations of the secretary of health and human services was an immediately appealable order (B) holding sanctions order pursuant to district courts inherent powers not immediately appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding that the denial of a motion to remand is interlocutory and not immediately appealable (E) holding such denial to be an immediately appealable collateral final order
[EX A]: holding sanctions order pursuant to district courts inherent powers not immediately appealable

[EX Q]: activity, not objectionable under the prevailing standards of lawful and approved social conduct in the community---- Informed public sentiment is only against unlicensed gambling, which is unsupervised, unregulated by law and which affords no protection to customers and no assurance of fairness or honesty of the operation of the gambling devices.” Similarly, the New Jersey Supreme Court, in Caribe Hilton Hotel v. Toland, 63 N.J. 301, 307, 307 A.2d 85, 88 (1973), stated that “[w]hile New Jersey continues to take a strict view of those forms of gambling that are prohibited, the fact that wagering in various different ways is now authorized demonstrates that our public policy can no longer be said to condemn gambling per se.” See also, Castilleja v. Camero, 414 S.W.2d 424 (Texas 1967) (<HOLDING>); In re Smith, 66 B.R. 58 (Bankr.D.Md.1986), 
 Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties (C) holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur (D) holding that the place of performance governs the legality of the contract and because the contract was to be performed in mexico texas public policy against gambling was not implicated (E) holding that place of performance of a life insurance contract was the state where premiums were made payable even if the contract was made in another state
[EX A]:
holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable