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.
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Question: of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant 
 Holding statements: (A) holding that arguments raised for the first time in a reply brief are forfeited (B) holding that an argument raised for the first time in a reply brief is waived (C) holding that issue raised for the first time in reply brief was waived (D) holding issues raised for the first time in a reply brief are not properly before this court (E) holding that issues not raised before the district court cannot be raised for the first time before this court

Answer: holding that arguments raised for the first time in a reply brief are forfeited


Question: “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

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


Question: subsequent actions may help establish mens rea for first-degree murder, "when they reflect a prior state of mind, particularly where they are fairly recent and in some significant way connected with prior material events”) (internal quotation marks omitted). 22 . Austin, 127 U.S.App.D.C. at 188, 382 F.2d at 137; see also, e.g., Fortson v. United States, 979 A.2d 643, 656 (D.C.2009) ("While a passerby possibly would have characterized the kicking and stomping of Whitfield as 'frenzied,' " evidence allowed a finding that the defendant had "ample time to reflect on his actions and ample time for any initial rage ... to peter out,” and thus had acted with premeditation and deliberation), reh'g granted and op. modified, 987 A.2d 1118 (D.C.2010). 23 . 903 A.2d 818, 830 (D.C.2006) (en banc) (<HOLDING>). 24 . Our review of appellant's claim is de 
 Holding statements: (A) holding it was not a surprise or unfair to the defendant for the state to pursue a theory of aiding and abetting at trial when the charging document did not refer to aiding and abetting (B) holding inter alia that conviction of firstdegree premeditated murder on an aiding and abetting theory requires the prosecution to prove that the accomplice acted with premeditation and deliberation and intent to kill (C) holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill (D) holding that in order to convict a defendant of firstdegree murder on a theory of accomplice liability proof of his own premeditation is required (E) recognizing both aiding and abetting breach of fiduciary duties and aiding and abetting conversion

Answer:
holding it was not a surprise or unfair to the defendant for the state to pursue a theory of aiding and abetting at trial when the charging document did not refer to aiding and abetting