instruction:
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.
question:
of the Islamic Republic of Iran v. Elahi appears to indicate that the assets must be blocked at the time judgment against the asset is finalized. See 556 U.S. 366, 369, 377-79, 129 S.Ct. 1732, 1735, 1739-40, 173 L.Ed.2d 511 (2009) (“We ultimately hold that the Cubic Judgment was not a ‘blocked asset’ at the time the Court of Appeals handed down its decision.... ”). The controlling determination in that case, though, was that the asset in question was never blocked because Iran’s interest in it arose after the Treasury Department unblocked all Iranian assets. Id. at 376, 129 S.Ct. at 1739. In Holy Land Foundation, the assets were unreachable because they were unblocked during the pendency of the original civil suit, prior to the commencement of any execution proceeding. 722 F.3d at 687 (<HOLDING>). This rule is not just prescribed by law; it 
 Holding statements: (A) holding recoupment statute unconstitutional because it did not provide for a hearing prior to entry of judgment (B) holding that because the order lacked an independent basis it was an abuse of discretion to issue the mutual restraining order (C) holding that the governments restraining order against a blocked asset obtained prior to the entry of a civil judgment unblocked it for tria purposes (D) recognizing that a stay contained in anex parte order did not serve to suspend the effectiveness of the restraining notice otherwise any judgment debtor could obtain such an order without notice to the court that a restraining notice had been served or to the judgment creditor and recover his property theretofore properly made the subject of the restraining notice (E) holding that the cubic judgment was not blocked
answer:
holding recoupment statute unconstitutional because it did not provide for a hearing prior to entry of judgment


question:
a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. § 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. §§ 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant’s extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role “so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for ‘minimal’ participation”); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061, 
 Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
answer:
recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense


question:
a grade 13. Pl.’s Ex. N, Kress Dep. 14:1-6. And Allen says that Fiegel, Brockhouse, and he at one time all worked as Team Leaders at a grade 13 level before they earned additional tasks, titles, and promotions. Pl.’s Ex. B, Investigation Report, Statement of Shelton Allen at 152. Plaintiff cannot show that similarly qualified employees who were not members of plaintiffs protected class were promoted when plaintiffs request was denied, and hence cannot establish a prima facie case of discrimination. The Court “may not ‘second-guess an employer’s personnel decision absent demonstrably discriminatory motive.’ ” Fischbach v. Dist. of Columbia Dep’t of Corrs., 86 F.3d 1180, 1183 (D.C.Cir.1996) (quoting Milton v. Weinberger, 696 F.2d 94, 100 (D.C.Cir.1982)); see also Taylor, 350 F.3d at 1295 (<HOLDING>); Bolden v. Ashcroft, 2007 WL 2727221, *4 
 Holding statements: (A) holding monell claim fails as a matter of law unless a city employees conduct violates one of the plaintiffs federal rights (B) holding that claim construction is a matter of law for the court to determine (C) holding that because plaintiff falls far short of showing that the employer promoted other employees of similar qualifications bundy 641 f2d at 951 the district court properly held her claim fails as a matter of law (D) holding that the plaintiff must exhaust her administrative remedies and it does not matter that the plaintiff was using state law as the vehicle to press her assertion (E) holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea
answer:

holding monell claim fails as a matter of law unless a city employees conduct violates one of the plaintiffs federal rights