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: than the Confrontation Clause, we review for plain error. See United States v. Acosta, 475 F.3d 677, 680 (5th Cir.2007); United States v. Green, 324 F.3d 375, 381 (5th Cir.2003). Our consideration of the district court’s decision begins and ends with the first element of plain error review because we conclude that the district court did not err in limiting the scope of Rios’s cross-examination. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009) (explaining that the first element of plain error review requires that “there must be an error or defect”). A defendant’s right to cross-examination is not unlimited. United States v. Bernegger, 661 F.3d 232, 238 (5th Cir.2011). The Sixth Amendment confrontation right is satisfied in this regard so Cir.1993) (<HOLDING>). In sum, establishing a Confrontation Clause 
 Holding statements: (A) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (B) holding that the district court satisfied the confrontation clause by permitting the defendant to present facts concerning the adverse witnesss plea agreement and incentives to cooperate (C) holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment (D) holding that the confrontation clause does not apply to the sentencing hearing (E) holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea
Example Output: holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement

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

Example Input: ordinance] authorizes the Authority to shed its immunity ‘by contract,’ and these words would be utter surplusage, if the enactment of the ordinance itself served to perfect the waiver.”). Therefore, we conclude that the charter does not contain an express waiver of tribal-sovereign immunity. In addition to the tribal charter, an agreement can validly waive tribal-sovereign immunity. Here, the parties agree that the board of directors did not pass a resolution waiving sove 282, 1288 (11th Cir.2001) (rejecting argument that tribal representative had actual or apparent authority to waive immunity because “[s]uch a finding would be directly contrary to the explicit provisions of the Tribal Constitution”); World Touch Gaming, Inc. v. Massena Mgmt, LLC, 117 F.Supp.2d 271, 276 (N.D.N.Y.2000) (<HOLDING>); Danka Funding Co. v. Sky City Casino, 329 
 Holding statements: (A) holding that removal to federal court does not waive tribal sovereign immunity (B) holding that a controllers signature on a contract containing a forum selection clause was insufficient to waive sovereign immunity in part because the right to waive immunity was reserved to the tribal council (C) holding that a state may waive its sovereign immunity (D) holding that an act of legislature may be required to waive sovereign immunity (E) holding that a senior vice presidents signature to an agreement with an express waiver of sovereign immunity provision did not waive sovereign immunity because that right was reserved exclusively to the tribal council
Example Output:
holding that removal to federal court does not waive tribal sovereign immunity