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.

Therefore, the magistrate could not have relied on such information when making the probable cause determination. [¶ 23] When Utvick’s room was searched on June 1, 2002, the officer observed persons in the room attempting to dispose of drugs by flushing in the bathroom, after executing a search warrant without a no-knock provision. While Ut-vick is not alleged to have engaged in this activity, Utvick was the registered guest of the hotel room and was in the company of persons suspected of disposing of evidence. Prior history of destruction of evidence, when detailed in an affidavit for a no-knock search warrant, is not a threshold requirement but may strengthen probable cause to believe evidence will be destroyed. Cf. Mazepink v. Arkansas, 336 Ark. 171, 987 S.W.2d 648, 655 (1999) (<HOLDING>); Henderson, 629 N.W.2d at 624 (holding 
 Holding statements: (A) holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant (B) holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant (C) holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence  the occupants may have attempted to destroy the evidence  by flushing it down the toilet (D) holding that officers may detain the occupants of a vehicle while executing a search warrant (E) holding no liability existed under the circumstances
holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant

the defendant’s applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment).” Id., app. note 1(A). In November 2007, the Sentencing Commission issued Amendment 706, which reduced the base offense level for crack cocaine offenses under § 2Dl.l(c) by two levels. See U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). The Commission later made the amendment retroactively applicable. See U.S.S.G. App. C, Amend. 713 (Supp. May 1, 2008). As indicated, Jefferson sought to have his sentence reduced as result of those amendments. However, they do not apply here because Jefferson was sentenced to a mandatory minimum sentence required by statute. See United States v. Doe, 564 F.3d 305, 311-12 (3d Cir.2009) (<HOLDING>). Because the District Court did not abuse its 
 Holding statements: (A) holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based (B) holding that a defendant whose original sentence was based upon the careeroffender guideline and not  2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range (C) holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline (D) holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under  3582 (E) holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline
holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based

2011, this court granted the government’s Emergency Motion to stay the criminal trial and the setting of further pretrial proceedings in the district court, pending the resolution of this appeal. This court has appellate jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3731. DISCUSSION 1. We first consider whether the district court erred in suppressing the evidence obtained from the government’s wiretaps. This court reviews the issuing court’s wiretap order for clear error, see United States v. Tomblin, 46 F.3d 1369, 1376 (5th Cir.1995), but reviews de novo the district court’s conclusion that “necessity,” as required by 18 U.S.C. § 2518(l)(c), was not met. See United States v. Edwards, 303 F.3d 606, 619 (5th Cir.2002); United States v. Smith, 273 F.3d 629, 632 (5th Cir.2001) (<HOLDING>). Two district judges separately authorized the 
 Holding statements: (A) recognizing ruling on motion for judgment of acquittal is reviewed de novo on appeal (B) holding that a legal conclusion on a motion to suppress is reviewed de novo (C) holding that on review of a motion to suppress the appellate court is to give deference to a trial courts factual findings but legal conclusions are reviewed de novo (D) holding that confrontation clause claims are reviewed de novo (E) holding that legal issues presented by rule 12b1 motion are reviewed de novo

recognizing ruling on motion for judgment of acquittal is reviewed de novo on appeal