TASK DEFINITION: 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.
PROBLEM: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. § 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. §§ 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant’s extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role “so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for ‘minimal’ participation”); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061, 
 Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment

SOLUTION: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

PROBLEM: witness testifying against him was in custody). This right is not subject to the trial court’s discretion; however, the court may preclude repetitive or unduly harassing interrogation. Ramey,. 152 Ill. 2d at 67-68; Triplett, 108 Ill. 2d at 475. Thus: “[A] defendant need not show interest or motive in that any promises of leniency have, in fact, been made to the witness by the State or that any expectations of special favor exist in the mind of the witness, before cross-examining a witness as to possible bias. Further, the defense is entitled to inquire into such promises or expectations whether they are based on fact or are simply imaginary.” Ramey, 152 Ill. 2d at 67-68, citing Triplett, 108 Ill. 2d at 475-76. See also People v. Tomes, 284 Ill. App. 3d 514, 520, 672 N.E.2d 289 (1996) (<HOLDING>). “To this end a defendant has the right to 
 Holding statements: (A) recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required (B) recognizing that criminal defendants right to testify is subject to crossexamination (C) holding that limitation on scope and breadth of crossexamination did not significantly curtail effectiveness of witness crossexamination because crossexamination was lengthy and extensive (D) holding it is well established that crossexamination to show that a witness might be vulnerable to pressure whether real or imagined from the state regarding a pending charge is a matter of right (E) holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination

SOLUTION: recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required

PROBLEM: could extend its more protective overtime pay laws to maritime workers on the high seas. We relied on the principle that FLSA sets a floor rather than a ceiling on protective legislation, holding that FLSA does not “preempt states from according more generous protection to maritime employees on the high seas off a state’s coastal waters.” Id. at 1425. In Williamson v. General Dynamics Corp., 208 F.3d 1144, 1152-53 (9th Cir.2000), we held that a common law fraud claim, which addressed conduct not within the scope of FLSA, was not preempted by FLSA. Our decision in Williamson contained somewhat contradictory statements. On the one hand, we suggested in dicta that “[c]laims that are directly covered by the FLSA (such as overtime and retaliation d L 24216269 (C.D.Cal. Dec.9, 2003) (<HOLDING>). A California Court of Appeal has also 
 Holding statements: (A) holding in non  17200 case that the exclusive remedy for violations of the state and federal wage and hour laws is flsa (B) holding that the flsa preempted plaintiffs wage and invasionofprivacy claims (C) holding that 42 usc  1983 does not provide a remedy for flsa violations (D) holding in non 17200 case that common law claims duplicative of the flsa are preempted (E) holding the flsa does not provide the exclusive remedy for violations of its mandates

SOLUTION:
holding that the flsa preempted plaintiffs wage and invasionofprivacy claims