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.

Q: his first issue, Samba maintains that the immigration judge placed too little weight on the length of his sentence and the assistance he provided to federal agencies in determining that the offense was a particularly serious crime. We have previously determined that such a claim, “which amount[s] to an argument that the immigration judge ‘abused [his] discretion in weighing the multiple desiderata made relevant by the [BIA’s] definition of a particularly serious crime,’ do[es] not present questions of law and therefore [is] not reviewable under section 1252(a)(2)(D).” Solorzano-Moreno v. Mukasey, 296 Fed.Appx. 391, 394 (5th Cir.2008) (third alteration in original) (quoting Petrov v. Gonzales, 464 F.3d 800, 802 (7th Cir.2006)); see also Sung v. Keisler, 505 F.3d 372, 377 (5th Cir.2007) (<HOLDING>). To the extent that the first issue challenges 
 Holding statements: (A) holding that a sentencing judge would commit a statutory error  if the judge failed to consider the applicable guidelines range  as well as the other factors listed in section 3553a (B) holding that the source of the federal funds was not a relevant factor in determining the number of violations (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that the argument that the immigration judge did not consider all of the relevant factors in determining that his children would not suffer the requisite hardship was not a question of law under  1252a2d (E) holding that the family court is required to consider all relevant factors in determining alimony

A: holding that a sentencing judge would commit a statutory error  if the judge failed to consider the applicable guidelines range  as well as the other factors listed in section 3553a
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Q: so complete a defense as he might reasonably have desired”), cert. denied, 513 U.S. 820, 115 S.Ct. 81, 130 L.Ed.2d 34 (1994); 2d Cir.: United States v. Lawal, 736 F.2d 5, 9-10 (1984) (applying authorities for non-constitutional error to erroneous exclusion of hearsay); 3d Cir.: United States v. Asher, 854 F.2d 1483, 1498-1500 (3d Cir.1988) (making "non-constitutional 'harmless error' determination” for erroneous exclusion of hearsay), cert. denied, 488 U.S. 1029, 109 S.Ct. 836, 102 L.Ed.2d 969 (1989); 4th Cir.: United States v. Jones, 976 F.2d 176, 184-85 (1992) (citing Kotteakos as authority for holding erroneous exclusion of hearsay was harmless), cert. denied, 508 U.S. 914, 113 S.Ct. 2351, 124 L.Ed.2d 260 (1993); 5th Cir.: United States v. Barnett, 945 F.2d 1296, 1301 n. 3 (1991) (<HOLDING>), cert. denied, 503 U.S. 941, 112 S.Ct. 1487, 
 Holding statements: (A) holding erroneous exclusion of hearsay harmless under fedrcrimp 52a (B) holding second sentence of a nearly identical exclusion did not limit the scope of the exclusion (C) holding erroneous exclusion of hearsay did not deny defendant a substantial right (D) holdingthat erroneous admission of hearsay did not prejudiceresults of trial so as to require reversal (E) holding that exclusion of hearsay statements violated due process even though statements were not admissible under mississippi law which did not recognize declarations against penal interest as a exception to the rule against hearsay

A: holding erroneous exclusion of hearsay harmless under fedrcrimp 52a
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Q: had reached age 55, in order to make them eligible for benefits (Katz Aff. Ex. 45), establishes that Pan Am in fact interpreted its Plan as requiring employees to have reached the age of 55 to receive subsidized benefits, regardless of how their employment ended. If the Plan provided the subsidized benefit to employees involuntarily terminated before age 55, there would have been no need to re-hire laid-off employees after that age to qualify them for benefits. Pan Am’s generosity in accommodating laid-off employees to allow them to receive higher benefits was completely gratuitous, and could not have resulted in an obligation on Pan Am’s part to employ this practice with every employee, or in a modification of the Plan’s terms. See Perreca v. Gluck, 295 F.3d 215, 224-25 (2d Cir.2002) (<HOLDING>). Thus, PBGC’s interpretation of the Plan’s 
 Holding statements: (A) recognizing that pension plan administrators have the ability to fashion their own plan formulas (B) holding that employer may not orally modify a pension plan and citing 29 usc  1102a1 which provides that all plan terms must be in writing (C) holding that plan participants in a defined benefit pension plan have no claim to the plans surplus assets (D) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (E) holding that the defendant withheld pension benefits in breach of the plan

A:
recognizing that pension plan administrators have the ability to fashion their own plan formulas
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