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:
victim’s undisputed injuries, this court held that the statute required proof that the bodily injury was a foreseeable, rather than intentional, result of the rights-viólating conduct. Woodlee, 136 F.3d at 1405. At no point did this court even consider the possibility that the statute might not require proof of foreseeability at all, i.e., that the statute, imposed strict liability .on a defendant for bodily .injury resulting from his conduct. Because there is no logical distinction between the statutory language at issue in Woodlee and the language of § 841(b)(1)(E) that we are now tasked with interpreting, I believe that we are bound by Woodlee to interpret § 841(b)(1)(E) as incorporating a proximate cause requirement. See United States v. Ensminger, 174 F.3d 1143, (10th Cir.1999) (<HOLDING>). To conclude otherwise creates an 
 Holding statements: (A) holding that in the absence of an intervening supreme court decision only the en banc court may overrule a decision by a threejudge panel (B) holding that a panel may not reconsider issues decided earlier in the same case by the en banc court (C) holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court (D) holding that only intervening law from the supreme court or this court sitting en banc can overrule a prior panel decision (E) holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc

Ex Output:
holding that in the absence of an intervening supreme court decision only the en banc court may overrule a decision by a threejudge panel


Ex Input:
the defendant’s applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment).” Id., app. note 1(A). In November 2007, the Sentencing Commission issued Amendment 706, which reduced the base offense level for crack cocaine offenses under § 2Dl.l(c) by two levels. See U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). The Commission later made the amendment retroactively applicable. See U.S.S.G. App. C, Amend. 713 (Supp. May 1, 2008). As indicated, Jefferson sought to have his sentence reduced as result of those amendments. However, they do not apply here because Jefferson was sentenced to a mandatory minimum sentence required by statute. See United States v. Doe, 564 F.3d 305, 311-12 (3d Cir.2009) (<HOLDING>). Because the District Court did not abuse its 
 Holding statements: (A) holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based (B) holding that a defendant whose original sentence was based upon the careeroffender guideline and not  2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range (C) holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline (D) holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under  3582 (E) holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline

Ex Output:
holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based


Ex Input:
the jury to determine the size of the punitive damage award, both parties provided extensive briefing on the applicability of the Seventh Amendment. “We may uphold the district court's decision ... under any ground that the record supports.” United States v. Flower, 29 F.3d 530, 536 n. 9 (10th Cir.1994). See Stewart, 487 U.S. at 25, 108 S.Ct. 2239 (affirming Eleventh Circuit's choice-of-law decision “under somewhat different reasoning”). 8 . We need not permit Jones to choose between a new jury trial or acceptance of the remittitur because, unlike the reduction in O'Gilvie, 821 F.2d at 1440, 1447, this reduction is required by the constitution, not a court’s determination as to whether substantial evidence at trial supported the amount awarded. OXY USA Inc., 101 F.3d at 642-42 (<HOLDING>). Moreover, the Supreme Court has held that 
 Holding statements: (A) holding that the nonmovant failed to raise a fact issue on mitigation by not raising a fact issue as to the amount of damages that could have been avoided had the movantproperly mitigated his damages (B) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (C) holding that a reduction in punitive damages to comply with the due process clause is a federal constitutional issue not a fact issue requiring jury consideration (D) holding that claim construction is an issue of law for the court not a question of fact for the jury (E) holding a court may not award punitive damages

Ex Output:

holding that the nonmovant failed to raise a fact issue on mitigation by not raising a fact issue as to the amount of damages that could have been avoided had the movantproperly mitigated his damages