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.

Q: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

A: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify
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Q: as well as recent country reports and his own affidavit, the BIA did not abuse its discretion in concluding that he failed to provide sufficient evidence to support his allegation that conditions in China have materially changed. We have previously reviewed the BIA’s consideration of similar evidence in the context of an untimely motion to reopen and have found no abuse of discretion in its conclusion that such evidence was insufficient to establish changed conditions in China. Id. at 275 (noting that while the BIA must consider evidence such as “the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in summary fashion without a reviewing court presuming that it has abused its discretion”); Jian Huan Guan, v. BIA, 345 F.3d 47 (2d Cir.2003) (<HOLDING>). In addition, we find that the BIA did not 
 Holding statements: (A) holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children (B) holding that bia abused its discretion in denying motion to reopen (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children (E) holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it

A: holding that bia abused its discretion in denying motion to reopen
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Q: and in response to the jurors’ question specifically asking if they could consider the local dealer. The district court submitted Eighth Circuit model jury instruction 9.01 on entrapment, replacing the clauses “(describe law enforcement officer or agents by name and capacity)” and “(officer or agent)” with the name of the cooperating California source because Kurkowski worked directly with that source, and the source was working with the police. The district court properly excluded the local dealer from consideration because the local dealer did not act on behalf, or at the request, of the police. United States v. Hawk, 276 F.3d 953 (8th Cir.2002) (jury instructions not challenged at trial are reviewed for plain error); United States v. Squillacote, 221 F.3d 542, 573 (4th Cir.2000) (<HOLDING>), cert. denied, 532 U.S. 971, 121 S.Ct. 1601, 
 Holding statements: (A) holding no derivative entrapment where middleman was induced by a government agent to commit crime responding to pressure takes it upon himself to induce another to participate in crime (B) holding an inducement to commit a crime by a private party who has no government involvement does not establish an entrapment defense (C) holding that inducement occurring before the informant was directed or supervised by the government could not support an entrapment defense (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding the defendant is entitled to an entrapment instruction when sufficient evidence exists from which a reasonable jury could find entrapment

A:
holding no derivative entrapment where middleman was induced by a government agent to commit crime responding to pressure takes it upon himself to induce another to participate in crime
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