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.
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the defendant's applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment)." Id., app. note 1(A). In November 2007, the Sentencing Commission issued Amendment 706, which reduced the base offense level for crack cocaine offenses under 2Dl.l(c) by two levels. See U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). The Commission later made the amendment retroactively applicable. See U.S.S.G. App. C, Amend. 713 (Supp. May 1, 2008). As indicated, Jefferson sought to have his sentence reduced as result of those amendments. However, they do not apply here because Jefferson was sentenced to a mandatory minimum sentence required by statute. See United States v. Doe, 564 F.3d 305, 311-12 (3d Cir.2009) (<HOLDING>). Because the District Court did not abuse its
Holding statements: (A) holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures and thus them ultimate sentences were based (B) holding that a defendant whose original sentence was based upon the careeroffender guideline and not 2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range (C) holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline (D) holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under 3582 (E) holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline
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holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures and thus them ultimate sentences were based

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the information provided in the Unplanned Deviation Reports and investigation reports was an accurate depiction of the incidents occurred, and Acevedo has not shown otherwise. Lastly, this Court notes that Ceinos rated Acevedo in 2005 as "Fully Met Expectations," which evinces a lack of animus towards Acevedo, insofar as he was accorded positive review by Ceinos despite previous performance issues. In essence, Plaintiffs ask us to excuse Acevedo's performance by replacing Ceinos' business judgment with his own absent proof that his employer's findings were inaccurate or misleading, which is an untenable position in light of the applicable case law. Velazquez-Fernandez v. NCE Foods, Inc., 476 F.3d 6, 12 (1st Cir.2007) (citing Webber v. Int'l Paper Co., 417 F.3d 229, 238 (1st Cir.2005)) (<HOLDING>). Ex-Lax's hiring practices, disciplinary
Holding statements: (A) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (B) holding that an employees opinion of the efficacy of an employment decision standing alone cannot supplant the employers business judgment (C) holding that employers have standing to sue (D) holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy (E) holding that an employers sponsorship of an employees 01 visa does not establish an employment contract for a definite term
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holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment

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should "cease this activity asap!!!" 6 . As one basis for its motion to dismiss, the Board asserted that it, its members, its staff, and the administrative prosecutor had absolute quasi-judicial immunity from suit under Ostrzenski v. Seigel, 177 F.3d 245 (4th Cir.1999). Because the court regarded the record as inadequate to evaluate the applicability of any immunities at that early stage of the proceedings, it rejected the immunity argument without prejudice to the Board's right to reassert it on summary judgment. At present, the Maryland appellate cases do not unequivocally resolve the question of whether the Board had the right to an immediate appeal of an interlocutory order rejecting a claim of quasi-judicial immunity. See State v. Keller-Bee, 224 Md.App. 1, 3-5, 119 A.3d 80 (2015) (<HOLDING>). In any event, the Board did not appeal. 7 .
Holding statements: (A) holding court lacked jurisdiction to hear interlocutory appeal of denial of motion to dismiss based on qualified immunity by defendants who were not public officials (B) holding that erroneously admitted evidence may be considered when ruling on a motion to dismiss (C) holding that immediate right to appeal lies from denial of motion to dismiss for lack of personal jurisdiction (D) holding that prosecutors have absolute immunity (E) holding that court clerk had right to take immediate appeal of ruling denying motion to dismiss based on absolute judicial immunity
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holding court lacked jurisdiction to hear interlocutory appeal of denial of motion to dismiss based on qualified immunity by defendants who were not public officials