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:
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

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


Ex Input:
his first issue, Samba maintains that the immigration judge placed too little weight on the length of his sentence and the assistance he provided to federal agencies in determining that the offense was a particularly serious crime. We have previously determined that such a claim, “which amount[s] to an argument that the immigration judge ‘abused [his] discretion in weighing the multiple desiderata made relevant by the [BIA’s] definition of a particularly serious crime,’ do[es] not present questions of law and therefore [is] not reviewable under section 1252(a)(2)(D).” Solorzano-Moreno v. Mukasey, 296 Fed.Appx. 391, 394 (5th Cir.2008) (third alteration in original) (quoting Petrov v. Gonzales, 464 F.3d 800, 802 (7th Cir.2006)); see also Sung v. Keisler, 505 F.3d 372, 377 (5th Cir.2007) (<HOLDING>). To the extent that the first issue challenges 
 Holding statements: (A) holding that a sentencing judge would commit a statutory error  if the judge failed to consider the applicable guidelines range  as well as the other factors listed in section 3553a (B) holding that the source of the federal funds was not a relevant factor in determining the number of violations (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that the argument that the immigration judge did not consider all of the relevant factors in determining that his children would not suffer the requisite hardship was not a question of law under  1252a2d (E) holding that the family court is required to consider all relevant factors in determining alimony

Ex Output:
holding that a sentencing judge would commit a statutory error  if the judge failed to consider the applicable guidelines range  as well as the other factors listed in section 3553a


Ex Input:
with the Native American employment preference. D. Alaskan Native Corporation Liability Under The Americans With Disabilities Act 1. The Americans With Disabilities Act Under Title I of the ADA, all “covered entities” are prohibited from discriminating against an individual on the basis of a disability, ... in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). A “covered entity” is defined as “an employer, employment agency, labor organization, or joint labor-management committee.” 42 U.S.C. § 12111(2); see also Carparts Distribution Center, Inc. v. Automotive Wholesaler’s Ass’n of New England, 37 F.3d 12, 18 (1st Cir.1994) (<HOLDING>). Like Title VII, Congress has exempted certain 
 Holding statements: (A) recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive  (B) holding that whether an employer is within adas coverage depends a great deal  on circumstances (C) holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage (D) holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred (E) holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage

Ex Output:

recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive