instruction:
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.
question:
reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. § 3231. Jurisdiction in this court is proper based upon 28 U.S.C. § 1291. The notice of appeal was timely filed pursuant to Fed. ít.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. § 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant’s home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January 
 Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was  sufficient evidence  that the defendants waiver of his rights was knowing and intelligent
answer:
holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice


question:
from California. A Michigan federal magistrate judge ordered his return to California. The following day, a criminal complaint based on the September 1995 heroin sales was filed against Jackson. Jackson was never served, did not appear, and the government subsequently dismissed the complaint without prejudice on November 20,1996. On January 6, 1998, Jackson was indicted for distribution of herom in the September 1995 transactions. Jackson eventually was returned to Michigan in November 1998, appeared before a magistrate judge on November 24, 1998, and was arraigned on December 1,1998. Trial was originally scheduled for March 25, 1999. On March 22, 1999, Jackson’s counsel, Stephen Rabaut, moved to dismiss the mdictment based on United States v. Ovalle, 136 F.3d 1092 (6th Cir.1998) (<HOLDING>). The district court dismissed the indictment 
 Holding statements: (A) holding that eastern michigans federal grand jury system violated equal protection (B) holding transfer rule did not violate federal equal protection (C) holding that the state law violated equal protection principles (D) holding complaint that sentence violated equal protection was waived because of failure to object at trial (E) holding that doctrine does not violate equal protection
answer:
holding transfer rule did not violate federal equal protection


question:
that he would therefore be entitled to tolling. Second, Waldron-Ramsey argues that even if he had known his state petition was untimely, he believed in 1997 and 1998 that an untimely petition would still be considered “properly filed” under AED-PA and would toll the AEDPA statute of limitations. The Supreme Court foreclosed this interpretation in 2005, holding that an untimely state petition does not toll the AEDPA statute of limitations. See Pace, 544 U.S. at 417, 125 S.Ct. 1807. Waldron-Ramsey points out that we did adopt his reading — that even an untimely state petition can be deemed “properly filed” so as to toll the AEDPA statute of limitations — ■ in 2001, before the issue was finally decided by the Supreme Court in Pace. See Dictado v. Ducharme, 244 F.3d 724, 728 (9th Cir.2001) (<HOLDING>). However, Dictado was decided years after 
 Holding statements: (A) holding that the limitations period is not tolled while a federal habeas petition is pending (B) holding that a district court has the authority to raise the aedpa statute of limitations on its own motion (C) holding that the aedpa statute of limitations is not jurisdictional (D) holding that the untimely petition in that case tolled the aedpa statute of limitations (E) holding that the aedpa statute of limitations was tolled for the entire period during which saffold pursued state habeas relief including the time between filings
answer:

holding that the limitations period is not tolled while a federal habeas petition is pending