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: to the section 924(c) jury instruction, we review it for plain error. See, e.g., United States v. Webster, 84 F.3d 1056, 1066 (8th Cir.1996). Although the pre-Bailey instruction was given to the jury (because Bailey had no rovide a defendant, upon their motion, any statement or report made by a government witness that relates to the subject matter of the direct testimony of that witness. 18 U.S.C. § 3500. The government need not provide the statement, however, until after the witness testifies on direct examination. 18 U.S.C. § 3500(a). 6 . The district court’s ruling was essentially a discovery matter, which we review for an abuse of discretion. See, e.g., United States v. Byrne, 83 F.3d 984, 990 (8th Cir.1996); see also United States v. Phillips, 854 F.2d 273, 278 (7th Cir.1988) (<HOLDING>). But see United States v. Monroe, 943 F.2d 
 Holding statements: (A) holding that the district court did not abuse its discretion in concluding that the fbi informants file contained no brady material not already provided to the defendant in a summary (B) holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation (C) holding that an fbi agents rough notes of an interview of the defendant were not brady material because there was no independent showing that they contained evidence that was material to the defendants guilt or innocence (D) holding a trial court did not abuse its discretion by failing to require disclosure of an informants name (E) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment

A: holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation
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Q: Clause. ¶ 13. Respondent’s main interest in this case is his right to run for elected office. In general, the federal courts have declined to hold that the right to run for elective office is “fundamental,” a position that was applied in the seminal Clements decision. There, a plurality of the high court held that “[f]ar from recognizing candidacy as a fundamental right, we have held that the existence of barriers to a candidate’s access to the ballot does not of itself compel close scrutiny.” 457 U.S. at 963 405, 420 (W. Va. 2000) (concluding that constitutional provision forcing judges to vacate office before running for nonjudicial office was supported by “State’s compelling and permissible interest”); Wagner v. Milwaukee County Election Comm’n, 2003 WI 103, ¶ 78, 666 N.W.2d 816 (<HOLDING>). ¶ 16. Respondent’s constitutional arguments 
 Holding statements: (A) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (B) holding right to testify was federal constitutional right (C) holding that states legitimate interests in enacting constitutional provision prohibiting judges from holding other public office far outweigh the burdens put upon the petitioners right to be a candidate for office (D) holding that a school superintendent does not have a constitutional right to actually hold his position and execute the duties of the office (E) holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action

A: recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights
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Q: of the deceased or another would result?” 4 . Tucker, 115 F.3d at 282; Lackey, 28 F.3d at 489; James v. Collins, 987 F.2d 1116, 1121 (5th Cir.1993); Cordova v. Collins, 953 F.2d at 170. 5 . The second special issue reads: "Is there a probability that the defendant will commit criminal acts of violence that will constitute a continuing threat to society?” 6 . The third special issue poses the question: "Was the conduct of the defendant in killing the deceased unreasonable in response to the provocation, if any by the deceased?” 7 . See Evans v. State, 601 S.W.2d 943, 946 (Tex.Crim.App.1980); Brown v. State, 554 S.W.2d 677, 678-79 (Tex.Crim.App.1977). 8 . See Washington, 466 U.S. at 695, 104 S.Ct. 2052; Mann v. Scott, 41 F.3d 968, 983-84 (5th Cir.1994). 9 . See Duhamel, 955 F.2d at 966 (<HOLDING>). 10 . See, e.g., Ransom v. Johnson, 126 F.3d 
 Holding statements: (A) holding that an assertion of prejudice is not a showing of prejudice (B) recognizing that the burden of persuasion for a showing of prejudice was on the defendant (C) holding that the omission of evidence that the defendant was moderately mentally retarded with an iq of 56 did not result in prejudice (D) holding that miscitation or omission of a statutory provision is not a basis for reversal unless the defendant demonstrates prejudice (E) holding lack of prejudice to the defendant is not good cause

A:
holding that an assertion of prejudice is not a showing of prejudice
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