instruction:
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.
question:
of not more than 15 years, and it similarly concluded as follows: If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment. 21 U.S.C. § 960(b)(1). The language of §§ 841(b)(1)(A) and 960(b)(1) thus squarely contradicts Walberg’s contention, for each stated that the special parole term shall be a minimum of a certain number of “years in addition to [the] term of imprisonment.” Accord United States v. Mack, 509 F.2d 615, 616 (9th Cir.1974) (per curiam), cert. denied, 421 U.S. 916, 95 S.Ct. 1578, 43 L.Ed.2d 783 (1975); Llerena v. United States, 508 F.2d 78, 82 (5th Cir.1975). Cf. Bifulco v. United States, 447 U.S. 381, 388, 100 S.Ct. 2247, 2252, 65 L.Ed.2d 205 (1980) (<HOLDING>). The legislative history of the Act and the 
 Holding statements: (A) holding conviction for cce murder 21 usc  848e1 is a separate offense from a cce 21 usc  848c (B) holding that no special parole term was authorized for a conviction for conspiracy in violation of 21 usc  846 which mentioned only fine and imprisonment and not special parole and emphazing the in addition to language of 21 usc  841b1b (C) holding that in order for a trial court to determine which of the three graduated penalty subsections of 21 usc  841b applies to defendants convicted of a  846 drug conspiracy the jury must be instructed to determine the threshold quantity of drugs attributable to each conspiracy defendant on trial (D) holding that the elements of a drug conspiracy under 21 usc  846 do include an overt act requirement (E) holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc  841b1a because felony drug offense was defined in 21 usc  80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state
answer:
holding conviction for cce murder 21 usc  848e1 is a separate offense from a cce 21 usc  848c


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reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. § 3231. Jurisdiction in this court is proper based upon 28 U.S.C. § 1291. The notice of appeal was timely filed pursuant to Fed. ít.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. § 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant’s home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January 
 Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was  sufficient evidence  that the defendants waiver of his rights was knowing and intelligent
answer:
holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice


question:
of the offense.” Nothing prevented the jury from considering any circumstances of the offense as mitigation. 4. Victim Impact Statement ¶ 125 The trial court instructed the jury it could consider Gina’s victim impact statement “to the extent that it rebuts mitigation.” Forde asserts that the instruction was erroneous because Gina’s statement did not rebut any mitigation evidence, and the instruction therefore permitted the jury to consider the statement as an improper non-statutory aggravator. Because Forde did not object to this instruction, we review for fundamental error. ¶ 126 Victim impact evidence “rebuts” mitigation by informing the sentencer about the specific harm caused by the defendant. Cf Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) (<HOLDING>) (citation and internal quotation marks 
 Holding statements: (A) holding the harmed victim need not be the victim of the offense of conviction (B) holding that victim impact evidence properly reminds the sentencer that just as the murderer should be considered as an individual so too the victim is an individual whose death represents a unique loss to society and in particular to his family (C) holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing (D) holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized (E) holding statute requiring that murderer be deemed to have predeceased victim thereby entitling victim to all joint tenancy property was not an unconstitutional forfeiture
answer:

holding the harmed victim need not be the victim of the offense of conviction