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]: to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors," those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields's Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106
Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment
[EX A]: holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment

[EX Q]: the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) ("[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court."); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. 636(b)(1) provides that a
Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings
[EX A]: holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

[EX Q]: "does not constitute a [constructively] fraudulent conveyance" under New York law); DCL 272 (stating that the repayment of an antecedent debt may constitute fair consideration). But there is a significant exception to that rule: the repayment of an antecedent debt is never made for fair consideration where the transferee is a "corporate insider," Frank, 48 F.3d at 635, including "an officer, director, or major shareholder of the trans-feror," In re Sharp Int'l Corp., 403 F.3d 43, 54 (2d Cir.2005) (internal quotation marks omitted). That exception applies only to payments that satisfy preexisting obligations. Thus, a debtor may receive fair consideration if it makes a payment to a corporate insider in exchange for new value contemporaneously provided. See Frank, 48 F.3d at 635 (<HOLDING>); see also Cilco Cement Corp. v. White, 55
Holding statements: (A) holding that a preexisting or antecedent debt may constitute sufficient consideration to support a mortgage (B) holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or (C) holding that the exception for repayment of an insiders antecedent debt did not apply to a debtors conveyance of two mortgages to a former officer regardless of whether she was a corporate insider because each of her mortgages secured a contemporaneous advance of funds not a preexisting debt (D) holding that the repayment of an antecedent debt constitutes fair consideration (E) holding that a debt incurred for a personal family or household purpose is a consumer debt even though it is secured by the debtors real property
[EX A]:
holding that a preexisting or antecedent debt may constitute sufficient consideration to support a mortgage