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:
the public interest and ‘[considerations based on the allocation of powers within our federal system’ require that the district court defer to local government administrators.” Id. In Sweeton, 27 F.3d at 1166, the Sixth Circuit was very clear that, where “decisional law has changed so that the enjoined behavior, which once might have been a violation of federal law, is no longer a matter of federal law at all” the injunction must be vacated. In light of the fact that no federal right underpins the 1974 decree — as well as the fact that the “local government administrators” in this case appear to favor vacating the decree — the court can identify no reason that the 1974 consent decree should remain in effect. Cf. Agostini v. Felton, 521 U.S. 203, 216, 117 S.Ct. 1997, 138 L.Ed.2d 391 (<HOLDING>); Railway Employees v. Wright, 364 U.S. 642, 
 Holding statements: (A) holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act (B) holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired (C) holding that a motion to terminate a consent decree was moot because there was no  consent decree left to be terminated (D) holding that a court errs when it refuses to modify an injunction or consent decree in light of  changes in statutory or decisional law (E) holding that statutory authority to modify does not contemplate fundamental changes
answer:
holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act


question:
speech." The categorical distinction is particularly difficult to apply to statutes that proscribe threats. Generally, threats involve words, or "speech.” Moreover, in the R.A.V. case itself, the Court implicitly suggested that threats did not fall within its exception for statutes "directed at conduct.” See R.A.V., — U.S. at --, 112 S.Ct. at 2546 (describing 18 U.S.C. § 871, which proscribes threats against the President, as fully subject to its general rule). Nonetheless, as I discuss below, at least one panel in this circuit has held that a civil rights statute selectively proscribing threats of force is “directed at conduct” and thus not subject to the R.A.V. general rule. Hayward, 6 F.3d at 1251 (42 U.S.C. § 3631, as applied to a cross-burning incident); cf. J.H.H., 22 F.3d at 826 (<HOLDING>); but cf. United States v. Lee, 6 F.3d 1297, 
 Holding statements: (A) holding that interference with the right to service in a restaurant is chargeable under 18 usc  241 (B) holding that a state is not a person under 42 usc  1983 (C) holding that 18 usc  245 a statute passed on the same day as 42 usc  3631 and for similar purposes constituted a valid enactment under congress thirteenth amendment authority as applied to racially motivated interference with federallyprotected rights (D) holding that 18 usc  1919 did not implicitly repeal 18 usc  1001 (E) holding that 18 usc  241 and 42 usc  3631 fall within a separate exception to rav
answer:
holding that interference with the right to service in a restaurant is chargeable under 18 usc  241


question:
FBI qualifies as an extraordinary effort at restitution, and a downward departure beyond acceptance of responsibility is warranted. The district court understood its power to depart but declined to grant defendant’s motion. We lack the power to review the district court’s decision because the court understood it had the power to depart. See, e.g., United States v. Loud Hawk, 245 F.3d 667 (8th Cir.2001) and United States v. Jones, 145 F.3d 959, 965 (8th Cir.1998). Accordingly, the sentence of the district court is affirmed. 1 . The Honorable Gary A. Fenner, United States District Court Judge lor the Western District of Missouri, Western Division. 2 . See U.S. Sentencing Guidelines Manual § 2F1.1, cmt. n. 11 (1998). See also United States v. Saffeels, 39 F.3d 833, 837-38 (8th Cir.1994) (<HOLDING>); United States v. Moskal, 211 F.3d 1070, 1074 
 Holding statements: (A) holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category (B) holding that the district court did not abuse its discretion by imposing an upward variance after finding that the defendants criminal history category of i understated the seriousness of his criminal history (C) holding that a district court may depart upward based upon based criminal conduct when such conduct is not included in the computation of criminal history category (D) holding that a district court may depart upward based upon a significant number of fraudulent schemes conducted by the defendant (E) holding that a court may depart upward based upon a third partys injury in an assault case
answer:

holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category