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: with ever since his age of 13 and believes that this criminal record and his continued violation of the law does require a sentence at the top of the guideline range." Id. at 8. I. A. Commerce Clause Challenge to Section 922(g)(1) Williams first challenges the constitutionality of the felon-in-possession statute as it applies to his possession of the Smith and Wesson revolver. Williams posits that because he possessed the gun solely within the State of Wisconsin, and because the record reveals no substantial connection between his possession of the gun and interstate commerce, Congress had no authority under the Commerce Clause, see U.S. Const. Art. I, 8, cl. 3, to reach his possession of the gun. See United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995) (<HOLDING>). Williams did not make this argument below, so
Holding statements: (A) holding that the gunfree school zone act exceeds congresss authority to regulate commerce (B) holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce (C) holding that enactment of 13981 exceeded congressional authority under either the commerce clause or section 5 of the fourteenth amendment (D) holding that gunfree school zones act of 1990 which proscribed possession of a firearm within 1000 feet of a school exceeded congressional authority under commerce clause because it reached conduct that did not substantially affect or have a meaningful connection with interstate commerce (E) holding that the gunfree school zones act exceeds congress power under the commerce clause

Answer: holding that the gunfree school zone act exceeds congresss authority to regulate commerce

Question: hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision" in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party's failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial" and reasoned that "Unitherm is inapposite" to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal." 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ'g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441,
Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that 825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla 2615a1 and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions violates the act is a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla

Answer: holding that employers oral denial of plaintiffs request for fmla leave showed interference

Question: Id. Oriedo objected that this was an undisclosed expert opinion, so the government withdrew the question and rephrased to ask whether the agent was "personally concerned" about the presence of two vehicles. Id. The agent responded in the affirmative because "more than one vehicle ... raises concerns about being countersurveillance [sic]." Id. (omission and bracketed text in original). We concluded that this was lay testimony under Rule 701 because, although the agent's "specialized knowledge informed his mental state, he was not called upon to testify generally about narcotics counter-surveillance practices or to offer an explicit opinion that what he observed was counter-surveillance." Id. (citation omitted); see also United States v. Rollins, 544 F.3d 820, 831-32 (7th Cir. 2008) (<HOLDING>). Similarly, Agent Labno's experience with the
Holding statements: (A) holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment (B) holding that agent could testify as to his impressions of intercepted telephone conversations under rule 701 because he was explaining coded words and phrases that were unique such that his understanding came only as result of things he had perceived not from specialized knowledge (C) holding that individuals could not maintain action against private citizens and law enforcement officers who intercepted individuals cordless telephone conversations as users of cordless telephone did not have justifiable expectation of privacy for their conversations (D) holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live (E) holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue

Answer:
holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment