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 Input:
though it may be more expedient for the legislature to redraft the statute in its entirety. See Hill, 202 Ill. 2d at 156; McDougall, 389 Ill. at 155. Defendant further contends that the decision by another division of this appellate district in In re E.H., 355 Ill. App. 3d 564 (2005), which he claims held section 115 — 10 to be facially unconstitutional en toto, is “controlling.” We begin by initially noting that defendant misstates the effect that the decision of one appellate court panel has upon the subsequent considerations of another. We are not bound by the decisions of the other divisions of this district so that even if E.H. held as defendant claims, it would not be “controlling” over our analysis. Muller v. Health & Hospital Governing Comm’n, 106 Ill. App. 3d 383, 386 (1982) (<HOLDING>), rev’d on other grounds, 93 Ill. 2d 543 (1983) 
 Holding statements: (A) holding res judicata applied to improper property division before holding parties were bound by their division agreement (B) holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue (C) holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending (D) holding itself not bound by the opinion of another division of its own appellate district (E) holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues

Ex Output:
holding res judicata applied to improper property division before holding parties were bound by their division agreement


Ex Input:
of any act which is within the scope of the lawful duty or authority of that officer, ... or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a simple misdemeanor---However, if a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated misdemeanor. Iowa Code § 719.1(1). Because an aggravated misdemeanor under Iowa law carries the possibility of a two-year prison sentence, see Iowa Code § 903.1(2), it qualifies as a “prior felony conviction” for purposes of § 4B1.1, see USSG § 4B1.2, comment, (n.1). See United States v. Postley, 449 F.3d 831, 832 (8th Cir.2006) (<HOLDING>). To convict Malloy under section 719.1(1), a 
 Holding statements: (A) holding that an aggravated misdemeanor conviction under section 7191 is a felony for purposes of assessing criminal history points under ussg  4a12c (B) holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony (C) holding that drug felony under state law can constitute an aggravated felony for federal sentencing guidelines purposes even if the same conduct would not constitute a felony under federal law (D) holding that a felony conviction in new york state court for possession of cocaine constituted an aggravated felony where the conviction would have also been punishable under the controlled substance act even though the crime would have only constituted a misdemeanor under federal law (E) holding that conviction under  2702a3 or 4 is an aggravated felony under  101a43f

Ex Output:
holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony


Ex Input:
... to certify the goods or services of any person who meets the standards and conditions which the mark certifies.” In re University of Mississippi, 1 U.S.P.Q.2d 1909, 1911, 1987 WL 123808 (T.T.A.B.1987). That the owner of a certification mark “cannot refuse to license the mark to anyone on any ground other than the standards it has set,” 3 McCarthy at § 19.96, is an important distinction between the policies embodied in trademarks and certification marks. It is true that certification marks are designed to facilitate consumer expectations of a standardized product, much like trademarks are designed to ensure that a consumer is not confused by the marks on a product. See, e.g. Institut Nat’l Des Appellations d’Origine v. Brown-Forman Corp., 47 U.S.P.Q.2d 1875, 1889-90 (T.T.A.B.1998) (<HOLDING>). But the certification mark regime protects a 
 Holding statements: (A) holding that same likelihood of confusion test applied in the context of trademarks also applies to certification marks (B) holding that the likelihood of confusion resulting from the defendants adoption of a trade dress similar to the plaintiffs the touchstone test for a violation of  1125 (C) holding that plaintiff was likely to succeed on merits of  349 claim premised on likelihood of confusion between marks (D) holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion (E) holding that even several isolated incidents of actual confusion are insufficient to support a finding of likelihood of confusion

Ex Output:

holding that the likelihood of confusion resulting from the defendants adoption of a trade dress similar to the plaintiffs the touchstone test for a violation of  1125