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.
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Question: 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

Answer: 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


Question: the direction that McDowell testified the assailant fled. Other evidence also confirmed that Hayward’s blood was found in the victim’s pockets and on the car. The discrepancies in McDowell’s testimony did not prove that he failed to observe or could not recall the most important points about which he testified. Hayward is correct that the trial court relied on McDowell’s testimony that Des-tefano said “I don’t have no more” in finding that the murder occurred during a robbery for pecuniary gain. However, that aspect of McDowell’s testimony never wavered. Although McDowell was older, in poor health, and possibly confused about some aspects of the event he witnessed, that does not provide a basis to disqualify him. See, e.g., Belcher v. Johnson, 834 So.2d 422, 422-23 (Fla. 2d DCA 2003) (<HOLDING>). Even insanity of a witness has been found to 
 Holding statements: (A) holding that an elderly woman with dementia is not disqualified as a witness simply for those reasons (B) holding that an order was final for these identical reasons (C) holding that a forensic accountant is an expert witness not a lay witness (D) holding that juror was not automatically disqualified under beckett because of the jurors friendship with a law enforcement officer who was a key witness for the stale (E) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue

Answer: holding that an order was final for these identical reasons


Question: it is possible that those persons the legislature intended to protect from unlawful discrimination under the chapter could themselves be liable for unlawful retaliation. However, an employee who otherwise enjoys the protection of the statute is not, for that reason, shielded from liability for retaliatory conduct prohibited by the statute. Cf. Martin v. Irwin Indus. Tool Co., 862 F. Supp. 2d 37, 38, 38-40 (D. Mass. 2012) (rejecting co-worker defendant’s argument that retaliation provision in Massachusetts’ anti-discrimination law applied only to “employers and those ‘persons’ who exercise similar degrees of authority” and finding that statutory language allowed for a co-employee to be held liable); Beaupre v. Cliff Smith & Associates, 738 N.E.2d 753, 764, 764-67 (Mass. App. Ct. 2000) (<HOLDING>). Finally, we note that, if the legislature 
 Holding statements: (A) holding plain language of act provides cause of action only against participating hospitals (B) holding that although a statute regarding sentencing for firsttime drug offenders was plain obvious and unambiguous in its terms construing the statute by its plain language would be inconsistent with contrary to and illogical in light of the legislatures intent in enacting the statute (C) holding that in construing statute courts must first look to its plain language (D) recognizing that plain language of retaliation provision in massachusetts antidiscrimination statute provides on its face for individual personal liability and upholding jury verdict against employee under statute (E) recognizing validity of state antidiscrimination provisions

Answer:
holding plain language of act provides cause of action only against participating hospitals