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: to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors,” those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields’s Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106 
 Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

Answer: holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment


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: matter jurisdiction over the claims made by Southwest against Reclamation. Washington Trout v. McCain Foods, Inc., 45 F.3d 1351, 1353 (9th Cir.1995). Pursuant to section 1540(g) of the ESA, a citizen may not bring suit prior to sixty days after written notice of an alleged violation has been given to the Secretary, and to the alleged violator. 16 U.S.C. § 1540(g)(2)(A)(i). This sixty-day notice requirement is jurisdictional. Save the Yaak Committee v. Block, 840 F.2d 714, 721 (9th Cir.1988). A failure to strictly comply with the notice requirement acts as an absolute bar to bringing suit under the ESA. Lone Rock Timber Co. v. U.S. Dept. of Interior, 842 F.Supp. 433, 440 (D.Or.1994). See also Hallstrom v. Tillamook County, 493 U.S. 20, 26-28, 110 S.Ct. 304, 308-10, 107 L.Ed.2d 237 (1989)(<HOLDING>). “The purpose of the 60-day notice provision 
 Holding statements: (A) holding that the citizen suit notice requirements cannot be avoided by employing a flexible or pragmatic construction and that plaintiffs suit must be dismissed where plaintiff had not strictly complied with the notice requirements (B) holding that owners notice substantially complied with federal requirements because the owner intended to demolish the housing units and noted that ajlthough the notice did not follow the statutory language it would have been misleading had it strictly followed the statute (C) holding that even though the government had not strictly complied with the statutory requirements the plaintiffs were not entitled to relief because they failed to challenge that noncompliance in a prompt fashion (D) holding notice provision in rcra and clean water act are virtually identical and citizens notice to violators under either act must strictly comply with statutory notice requirements (E) holding that the court had jurisdiction to hear the suit under the citizen suit provision of the caa

Answer:
holding that owners notice substantially complied with federal requirements because the owner intended to demolish the housing units and noted that ajlthough the notice did not follow the statutory language it would have been misleading had it strictly followed the statute