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: until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept
Example Output: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded

Example Input: Clause. ¶ 13. Respondent’s main interest in this case is his right to run for elected office. In general, the federal courts have declined to hold that the right to run for elective office is “fundamental,” a position that was applied in the seminal Clements decision. There, a plurality of the high court held that “[f]ar from recognizing candidacy as a fundamental right, we have held that the existence of barriers to a candidate’s access to the ballot does not of itself compel close scrutiny.” 457 U.S. at 963 405, 420 (W. Va. 2000) (concluding that constitutional provision forcing judges to vacate office before running for nonjudicial office was supported by “State’s compelling and permissible interest”); Wagner v. Milwaukee County Election Comm’n, 2003 WI 103, ¶ 78, 666 N.W.2d 816 (<HOLDING>). ¶ 16. Respondent’s constitutional arguments 
 Holding statements: (A) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (B) holding right to testify was federal constitutional right (C) holding that states legitimate interests in enacting constitutional provision prohibiting judges from holding other public office far outweigh the burdens put upon the petitioners right to be a candidate for office (D) holding that a school superintendent does not have a constitutional right to actually hold his position and execute the duties of the office (E) holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action
Example Output: recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

Example Input: substantially outweighed by the dangers listed in Rule 403. Rule 404(c)(l)(C)-(D); State v. Aguilar, 209 Ariz. 40, 49 ¶ 30, 97 P.3d 865, 874 (2004). Benson argues the trial court erred by making this finding because the attack on Yolanda was dissimilar to and remote in time from the other crimes. See Rule 404(e)(l)(C)(i)-(ii) (listing dissimilarity and remoteness as factors to consider). ¶ 14 The trial court did not abuse its discretion. Although the attack on Yolanda differed in some ways from the attacks on the other victims (for example, it involved a second assailant and the use of a chemical to render her unconscious), the attacks did not have to precisely align for the evidence to be cross-admissible. See State v. Lehr (Lehr III), 227 Ariz. 140, 147 ¶ 21, 254 P.3d 379, 386 (2011) (<HOLDING>); see also Rule 404 emt. to 1997 amendment 
 Holding statements: (A) holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the sixth amendment (B) recognizing that jurors have the right to reject that part of the evidence believed by them to be untrue and to accept that found by them to be true (C) holding death sentence need not be pending in order for this court to engage in review of issues on appeal (D) holding that ajets need not be perfectly similar in order for evidence of them to be admitted under rule 404 (E) holding that the 1979 policy interpretation need not be approved by the president in order to become effective as it is not a rule regulation or order
Example Output:
holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the sixth amendment