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: See Tex. Health & Safety Code Ann. § 574.106; State ex rel. WW., No. 12-13-00045-CV, 2013 WL 3156312, at *6 (Tex. App.-Tyler June 19, 2013, no pet.) (mem. op.) ("Because W.W. presented evidence to the trial court of his preference to avoid an increased dose ... based upon its side effects and ineffectiveness, it is presumed that the trial court gave his preferences due consideration.”); In re T.O.R., No. 02-12-00376-CV, 2013 WL 362747, at *5 (Tex.App.-Fort Worth Jan. 31, 2013, no pet.) (mem. op.) ("T.O.R. did not present any evidence to dispute So-biesk’s testimony about the medications’ benefits and the ineffectiveness of alternative treatments.”); M.H. v. State ex rel. M.H., No. 01-09-00205-CV, 2009 WL 2050988, at *4-5 (Tex.App.-Houston [1st Dist.] July 16, 2009, no pet.) (mem. op.) (<HOLDING>); State ex rel. A.R.F., No. 12-03-00294-CV, 
 Holding statements: (A) holding evidence of conspiracy sufficient and noting lack of evidence that any member of the group did anything but cooperate with the terms of the plan to commit robbery (B) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (C) holding that the findings of reviewing physicians constituted substantial evidence in support of the secretarys decision to deny benefits (D) holding evidence sufficient to support trial courts best interest finding when patient did not present any evidence to dispute physicians testimony about benefits of treatment with psychoactive medications and lack of alternative treatments (E) holding evidence insufficient to support finding of implied contract
Example Output: holding evidence of conspiracy sufficient and noting lack of evidence that any member of the group did anything but cooperate with the terms of the plan to commit robbery

Example Input: not contest Alaimalo’s actual innocence. B. Prior Opportunities to Raise Actual Innocence Claim We turn to the question of whether Alaimalo’s actual innocence claim was unavailable to him during his direct appeal and his first § 2255 motion. In making this determination, we consider “(1) whether the legal basis for petitioner’s claim did not arise until after he had exhausted his direct appeal and first § 2255 motion; and (2) whether the law changed in any way relevant to petitioner’s claim after that first § 2255 motion.” Harrison, 519 F.3d at 960 (internal quotation marks omitted). An intervening court decision must “effect a material change in the applicable law” to establish unavailability. Harrison, 519 F.3d at 960. See also In re Davenport, 147 F.3d 605, 607, 610 (7th Cir.1998) (<HOLDING>); Triestman v. United States, 124 F.3d 361 (2d 
 Holding statements: (A) holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm (B) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (C) holding that the supreme courts interpretation of 18 usc  924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review (D) holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense
Example Output: holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used

Example Input: it fails because the procedures employed with respect to the photo array were not unduly suggestive. Tyni-cia Teague had seen Muller several times in the past and identified him as the truck’s driver from a six-photo array during an interview with police at a restaurant on May 13, 2012. As Defendants’ expert in the field of cognitive psychology, memory, and eyewitness identification testified at trial, the photo array contained "five additional photographs that were similar in appearance to Mr. Muller. And that’s the proper procedure for conducting an identification.” App. 2272. These procedures were not unduly suggestive, and the District Court did not err in admitting Tynicia Teague’s identification of Muller. See, e.g., United States v. Burnett, 773 F.3d 122, 133-34 (3d Cir. 2014) (<HOLDING>). 9 . Muller also argues that he should be 
 Holding statements: (A) holding that the photo lineup was not unduly suggestive where the defendants photo was the only one that included his name (B) holding that a photo array in which all of the men in the array were of similar age there was no striking difference in the amount of head hair each had and the skin color of the members of the array was not strikingly different was not impermissibly suggestive (C) holding in a very similar underagesex case that a school photo of the victim taken three months after the alleged crime plainly was relevant to the defendants mistakenage defense and did not prejudice the defendant because he was free to challenge the weight of the photo evidence by arguing that it did not show the victim as she had appeared on the night in question (D) holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction (E) holding that section 33021b was overbroad because it prohibited a wide array of constitutionally protected speech and was not drawn narrowly enough to achieve only the legitimate objective of protecting children from sexual abuse
Example Output:
holding that the photo lineup was not unduly suggestive where the defendants photo was the only one that included his name