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: was pending on, AEDPA's effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). "Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court's decision] is plenary." Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings to be correct, 28 U.S.C. 2254(d), but we "exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law." Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct.
Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to 2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

A: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review
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Q: that may be considered in determining punishment are the subject of article 37.07 of the Texas Code of Criminal Procedure. See Tex.Code CRIM. PROC. Ann. Art. 37.07 (Vernon Supp.2004). This statute authorizes the admission of evidence in the punishment phase of trial as to any matter the court deems relevant to sentencing. Id. The circumstances of the offense are relevant to sentencing and may be considered by the trier of fact in determining the punishment to be assessed. Murphy v. State, 777 S.W.2d 44, 63 (Tex.Crim.App.1989). One circumstance of the offense that may be considered is the degree of injury to the victim so long as the fact finder may rationally attribute moral culpability to the accused for that injury. Stavinoha v. State, 808 S.W.2d 76, 78-79 (Tex.Crim.App.1991) (<HOLDING>); Miller-El v. State, 782 S.W.2d 892, 896
Holding statements: (A) holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding that psychological conditions resulting from workrelated trauma are compensable (D) recognizing trauma that new trial would likely bring to victim of child sexual assault (E) recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim

A: holding that sexual assault coercion and harassment certainly may violate contemporary standards of decency and cause physical and psychological harm
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Q: 8.01-573, which gives third parties claiming an interest in attached property the right to intervene. Thus, the plaintiff has not taken advantage of 2410's waiver of sovereign immunity. Nor is he required to do so, even assuming that the United States is a senior lienholder. The Virginia statute on joining lienholders is permissive: "There may also be made a defendant any person claiming ... a lien upon the property sought to be attached." Va.Code 8.01-539 (emphasis added). Likewise, 28 U.S.C. 2410 is not mandatory it permits but does not require joinder of the United States. United States v. Brosnan, 363 U.S. 237 at 246, 80 S.Ct. 1108 at 1114, 4 L.Ed.2d 1192 compare United States v. Bluhm, 414 F.2d 1240, 1243 (7th Cir.1969), cert. den. 397 U.S. 910, 90 S.Ct. 909, 25 L.Ed.2d 91 (<HOLDING>). The government is correct that as a matter of
Holding statements: (A) holding that a lien holder who is not served and joined as a party to a tax suit cannot have his lien extinguished by the tax sale (B) holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party (C) holding that when the united states held a senior tax lien it was an indispensable party under the controlling federal tax law (D) holding that the tax was indirect even though the recipient could not shift the tax to others (E) holding that interest received by a foreign corporation on a tax refund from the united states was interest on an interestbearing obligation of a resident of the united states within income tax statute

A:
holding that a lien holder who is not served and joined as a party to a tax suit cannot have his lien extinguished by the tax sale
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