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.

[EX Q]: CURIAM. Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(<HOLDING>). Accordingly, we reverse the convictions and 
 Holding statements: (A) holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review (B) holdingthat because the evidence of the defendants guilt was overwhelming the courts failure to give a requested charge on impeachment constituted harmless error (C) holding that a trial court errs when it fails to give a limiting instruction properly requested by a party (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that failure to give a properly requested chicone instruction cannot be harmless error
[EX A]: holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review

[EX Q]: quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority’s apparent conclusion that the penalty provisions of § 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109, 
 Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of  841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes
[EX A]: recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so

[EX Q]: prevail on a bad faith claim against Defendant, Plaintiff must establish by clear and convincing evidence: “(1) that the insurer lacked a reasonable basis for denying benefits; and (2) that the insurer knew or recklessly disregarded its lack of reasonable basis.” Klinger v. State Farm Mut. Auto. Ins. Co., 115 F.3d 230, 233 (3d Cir.1997) (citing Terletsky, 649 A.2d at 688). To meet the clear and convincing evidence standard, the evidence must be “so ‘clear, direct, weighty and convincing’ so as to enable the court to make its decision with ‘a clear conviction.’ ” Polselli v. Nationwide Mut. Fire Ins. Co., 23 F.3d 747, 752 (3d Cir.1994) (citing In re Estate of Fickert, 461 Pa. 653, 337 A.2d 592, 594 (1975)); see also U.S. Fire Ins. Co. v. Royal Ins. Co., 759 F.2d 306, 309 (3d Cir.1985) (<HOLDING>). B. Analysis To determine whether Defendant’s 
 Holding statements: (A) holding that a bad faith claim must be met through the clear and convincing evidence standard (B) holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied (C) holding that even if the standard for waiver is clear the standard was not met (D) holding that bad faith andor prejudice must be shown by clear and convincing evidence (E) holding that release status must be proven by clear and convincing evidence through reliable documentary evidence
[EX A]:
holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied