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:
was pending on, AEDPA’s effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). “Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court’s decision] is plenary.” Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings tó be correct, 28 U.S.C. § 2254(d), but we “exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law.” Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct. 
 Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to  2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

Ex Output:
holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review


Ex Input:
to commit himself to such an alternative to a federal sentence. 2 . Defendant also raises two additional arguments: (1) that the district court improperly based its sentence on the defendant’s refusal to waive his constitutional and statutory rights to oppose his deportation; and (2) that the district court failed to appreciate the scope of its authority to consider, as a mitigating circumstance upon which to base a departure, defendant's vulnerability and susceptibility to abuse in prison due to his physical condition. Both arguments lack merit. As to the first argument, the conditioning of a downward departure on the surrender of a statutory right to a deportation hearing would not have offended due process. See United States v. Galvez-Falconi, 174 F.3d 255, 260 (2d Cir.1999) (<HOLDING>). See generally United States v. 
 Holding statements: (A) recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart (B) holding that district court had authority to grant section 5k20 downward departure despite governments opposition (C) holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward (D) holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart (E) holding that where a defendant malees a showing that the act of consenting to deportation carries unusual assistance to the administration of justice district court has authority under ussg  5k20 to depart downward in absence of the governments consent

Ex Output:
recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart


Ex Input:
it could have provided a similar definition of unborn children, as in the previously existing N.D.C.C. ch. 12.1-17.1.” Geiser, at ¶ 17. [¶ 18] Chapter 12.1-17.1, N.D.C.C., also expressly excludes criminalizing acts committed on the unborn child by the pregnant woman: Charging a pregnant woman for a crime allegedly committed against her unborn child violates the express legislative policy of N.D.C.C. ch. 12.1-17.1. Our holding that a pregnant woman cannot be charged for a crime allegedly committed against her unborn child under N.D.C.C. § 19-03.l-22.2(l)(b) coincides with ... N.D.C.C. ch. 12.1-17.1. Geiser, at ¶ 19 (emphasis added). [¶ 19] The State argues Geiser is not applicable because Geiser’s unborn child died in útero. Our conclusion and analysis in Geiser did not hin 991) (<HOLDING>); State v. Aiwohi, 109 Hawai'i 115, 123 P.3d 
 Holding statements: (A) holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy (B) holding an unborn viable fetus is not a human being under the new mexico child abuse statute and the mothers use of cocaine during pregnancy was not child abuse (C) holding evidence that mother allowed child to remain in home in which there was violent conduct as evidenced by fathers physical abuse of mother during her pregnancy was factually sufficient to support termination (D) holding evidence that mother allowed child to remain in home in which there was violent conduct as evidenced by fathers physical abuse of mother during her pregnancy was legally sufficient to support termination (E) holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy

Ex Output:

holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy