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.

Input: Consider Input: “multiple sentences for multiple crimes arising out of a single behavioral incident if: (1) the crimes affect multiple victims; and (2) multiple sentences do not unfairly exaggerate the criminality of the defendant’s conduct.” State v. Skipintheday, 717 N.W.2d 423, 426 (Minn.2006) (citations omitted). Both requirements are met here. The district court convicted and sentenced Wallace for two distinct crimes committed upon two distinct victims: once for attempting to rape R.L. and once for stabbing and killing Kenneth Williams. And Wallace does not argue, nor have we found any legal basis to conclude, that the multiple sentences imposed by the district court in this case unfairly exaggerate the criminality of his conduct. See, e.g., State v. Marquardt, 294 N.W.2d 849, 850-51 (Minn.1980) (<HOLDING>). In fact, we squarely rejected the precise 
 Holding statements: (A) holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts (B) holding that the district court did not err by sentencing a defendant to consecutive prison terms for seconddegree manslaughter and aggravated assault committed against two separate victims because the multiple sentences did not unfairly exaggerate the criminality of the defendants conduct (C) holding that trial court did not err (D) holding in assault and involun tary manslaughter case that district court has discretion to impose concurrent or consecutive sentences based on finding of whether multiple counts involved the same harm (E) holding that separate sentences for aggravated assault with a deadly weapon and with intent to rob were barred

Output: holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts


Input: Consider Input: the jury during final jury instructions not to consider any testimony it had stricken or ordered the jury to disregard during trial. See United States v. Liburd, 607 F.3d 339, 344, 53 V.I. 890 (3d Cir. 2010) (“[W]hile curative instructions cannot repair every error, we do generally presume that juries follow their instructions.”). Finally, as discussed above in section B, the People presented overwhelming evidence that Augustine was the individual who pulled a gun and started shooting at Officers Greaves, Wharton, and Allen. Based on these factors, Officer Wharton’s statement — given in response to a question — would not have been sufficiently prejudicial to warrant a mistrial even if Augustine’s attorney had requested one at trial. See Ethridge v. State, 418 P.2d 95, 100 (1966) (<HOLDING>). Thus, we conclude that the Superior Court did 
 Holding statements: (A) holding that prejudice was not shown where there was overwhelming evidence of guilt (B) holding mistrial not warranted for improper statement by police officer where court sustained defendants objection and admonished jury to disregard statement and where there was overwhelming evidence of guilt (C) holding that the trial court did not abuse its discretion in denying defendants motion for mistrial where the trial court sustained defendants objections to a question by the prosecutor containing improper information and instructed the jury to disregard the question (D) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (E) holding that while the prosecutors question was improper in light of the overwhelming evidence there was no reversible error in the denial of defendants motion for mistrial

Output: holding that prejudice was not shown where there was overwhelming evidence of guilt


Input: Consider Input: Reeves, 410 F.3d 1031, 1033-34 (8th Cir.2005). Smith’s Blakely challenge falls within the scope of his appeal waiver. Relying on Blakely, Smith argues that the district court violated his Sixth Amendment rights when it included drug quantities not admitted by him or found by a jury beyond a reasonable doubt in setting his sentence. Smith argues that his base offense level should have been 32 based on the admitted drug quantities rather than 34 based on additional drug quantities as found by the district court. This Blakely challenge is quintessential^ a constitutional challenge to the Guidelines and is expressly precluded by Smith’s agreement not to appeal the constitutionality or legality of the Guidelines. See United States v. Young, 413 F.3d 727, 730, 2005 WL 1558486 (8th Cir.2005) (<HOLDING>). Nor does Smith’s appeal fall within the 
 Holding statements: (A) holding that a defendants failure to object to the denial of his right peremptorily to challenge alternates constitutes a waiver of any right to appeal the issue (B) holding that a blakely challenge fell within the defendants waiver of his right to appeal the constitutionality or legality of the guidelines (C) holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence (D) holding that a municipal court had no constitutional or statutory authority to rule on the legality and constitutionality of a tax imposed on attorneys practicing within the city limits (E) holding that waiver of right to appeal sentence unless its was an upward departure barred appeal of sentence within guidelines range


Output: holding that a defendants failure to object to the denial of his right peremptorily to challenge alternates constitutes a waiver of any right to appeal the issue