user: 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]: 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]: an intention that suits for pension benefits by disappointed applicants are equitable.”), cert. denied, 449 U.S. 1112, 101 S.Ct. 922, 66 L.Ed.2d 841 (1981); see also Sullivan v. LTV Aerospace and Defense Co., 82 F.3d 1251, 1258-59 (2d Cir.1996); Berry v. Ciba-Geigy Corp., 761 F.2d 1003, 1007 (4th Cir.985); Turner v. CF & I Steel Corp., 770 F.2d 43, 47 (3d Cir.1985), cert. denied, 474 U.S. 1058, 106 S.Ct. 800, 88 L.Ed.2d 776 (1986); In re Vorpahl, 695 F,2d 318, 321-22 (8th Cir.1982); Calamia v. Spivey, 632 F.2d 1235, 1237 (5th Cir. Unit A 1980). Some district courts have suggested that Firestone Tire & Rubber v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989), calls these holdings into doubt. See, e.g., Hulcher v. United Behavioral Sys., 919 F.Supp. 879, 885 (E.D.Va.1995) (<HOLDING>); Vaughn v. Owen Steel Co., 871 F.Supp. 247, 
 Holding statements: (A) holding that  1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under  1132a3 is thus not appropriate (B) holding plaintiff had no claim under  1132a3 because his grievance that benefits were denied is specifically addressed in  1132a1b (C) holding that plaintiff in erisa action was entitled to restitution under similar circumstances (D) holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan (E) holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under  1132a1b
[EX A]: holding that  1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under  1132a3 is thus not appropriate

[EX Q]: fact exist regarding the reason for Plaintiffs failure to meet the NCAA’s eligibility requirements and thus whether the NCAA discriminated against him based on his learning disability. Furthermore, and most important to the outcome of the case, the Court finds that Plaintiffs ADA claim has become moot in light of the fact that he will complete his fourth and final year of eligibility with the conclusion of the current football season. The Court also finds that Plaintiffs § 1983 claim "public accommodation” also applies to services, privileges, and other intangibles independent of a physical place. See, e.g., Tompkins v. United Healthcare of N.E., Inc., 203 F.3d 90, 95 n. 4 (1st Cir.2000); Carparts Distrib. Ctr., Inc., v. Auto. Wholesaler's Assn, Inc., 37 F.3d 12, 18-20 (1st Cir.1994) (<HOLDING>). 3 . See, e.g., Chabner v. United of Omaha 
 Holding statements: (A) holding individual defendants are not an employer within meaning of title vii (B) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada (C) holding that insurance company administering employerprovided disability plan was not place of public accommodation under ada because employees received their benefits through employment not through a public accommodation (D) holding that public accommodation within meaning of title iii of ada includes more than actual physical structures (E) holding that ada claim under title iii did not survive plaintiffs death
[EX A]:

assistant: holding individual defendants are not an employer within meaning of title vii