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.

that the people in the venire do not represent a fair and reasonable cross-section of the District of New Mexico. See United States v. Foxworth, 599 F.2d 1, 4 & n. 4 (1st Cir.1979)(stating that residents of counties, cities, and towns do not constitute a distinct, cognizable group for purposes of Sixth Amendment cross-section analysis); United States v. Test, 550 F.2d 577, 582 (10th Cir.1976)("Mere geographical imbalance, absent evidence that an identifiable and cognizable segment of the community has been systemically excluded or underrepresented by reason of such imbalance, does not violate the statutory and constitutional requirement that the jury panel represent a 'fair cross section' of the community."); United States v. Traficant, 209 F.Supp.2d 764, 780-81 (N.D.Ohio 2002)(<HOLDING>). Considering the foregoing, the Court will
Holding statements: (A) holding that the defendant did not prove that italianamericans are a cognizable group (B) holding that residents of a geograph ic area are not a distinct cognizable group and citing united states v test which made clear that a geographic area is not a distinct group for support (C) holding same and citing physicians multispecialty group (D) recognizing women as a distinct group (E) recognizing native americans as a distinct group
holding that the defendant did not prove that italianamericans are a cognizable group

Abreu's App. at 1878.) The defendants do not challenge now, nor did they contest at trial, the accuracy of these statements as related to the bank statements. The declaration that the bank statements were kept in the ordinary course of the banks' businesses did not add to the Government's case against the defendants for submitting false loan applications. It was the information contained in the bank statements themselves, which is not contested on appeal, that the Government relied upon to make its case. The authenticity of the bank statements has never been challenged, and the admission of the statements contained in the Rule 902(11) Certifications as related to the bank statements simply had no effect on the verdict. Cf. United States v. Reifler, 446 F.3d 65, 87 (2d Cir.2006) (<HOLDING>); Government of Virgin Islands v. Joseph, 964
Holding statements: (A) holding erroneous admission of evidence not harmless beyond a reasonable doubt where the only other evidence against defendant was the uncorroborated testimony of a cooperating witness of questionable credibility (B) holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt (C) holding the admission of plea allocutions of codefendants to be harmless against a crawford challenge where the government did not emphasize the allocutions which were used only as corroboration for other evidence showing the existence of an enterprise in a rico case (D) holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record (E) holding that trial courts error in failing to sua sponte give instruction was harmless because state did not emphasize this evidence in closing argument and evidence of appellants guilt was otherwise overwhelming
holding erroneous admission of evidence not harmless beyond a reasonable doubt where the only other evidence against defendant was the uncorroborated testimony of a cooperating witness of questionable credibility

The USSC concluded "[t]he unpardonable vice of the Roberts test.. [was] not its unpredictability, but its demonstrated capacity to admit core testimonial statements that the Confrontation Clause plainly meant to exclude." Id. at 63, 124 S.Ct. 1354. Upon reconsideration of Roberts, the USSC held the Confrontation Clause bars admission of testimonial hearsay statements of a witness absent from trial unless: (1) the declarant is unavailable to testify at trial, and (2) the accused had a prior opportunity to cross-examine the declarant. 541 U.S. at 53-54, 58, 68, 124 S.Ct. 1354. Thus, even if a statement is admissible hearsay, the Confrontation Clause may operate to render the otherwise admissible hearsay evidence inadmissible if it is testimonial in nature. See id. at 68, 124 S.Ct. 1354 (<HOLDING>). Included within the "core class of
Holding statements: (A) holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence (B) holding of crawford applies only to testimonial hearsay (C) holding testimonial evidence implicates the sixth amendment which demands unavailability and a prior opportunity for crossexamination but the admission of nontestimonial hearsay evidence remains the province of each states development of hearsay law (D) holding that the confrontation clause applies only to testimonial hearsay (E) holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion
holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence