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 Input:
reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. 3231. Jurisdiction in this court is proper based upon 28 U.S.C. 1291. The notice of appeal was timely filed pursuant to Fed. it.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant's home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January
Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was sufficient evidence that the defendants waiver of his rights was knowing and intelligent

Ex Output:
holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice

Ex Input:
first time a party must specify the statute authorizing attorney's fees is in the Rule 54 motion (unless otherwise provided by statute or court order). In Missouri, attorney's fees are not recoverable from another party, except when a contract or statute allows it. Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647, 657 (Mo. banc 2009). The second sentence of the Missouri commissions statute is such an exception to the general Missouri rule. Kraft v. Edwards, 946 S.W.2d 775, 776 (Mo.App.1997). The district judge's ruling that there was no statutory basis for an award of attorney's fees is erroneous as a matter of law. On remand, the district court should consider whether to award attorney's fees. See Chem-Trend, Inc. v. Newport Indus., Inc., 279 F.3d 625, 631 (8th Cir.2002) (<HOLDING>). Because this case as tried addressed only
Holding statements: (A) recognizing discretion of district court in determining a fee award (B) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (C) recognizing district courts discretion to consider pending state charge in determining sentence (D) recognizing court discretion in determining reasonable fee under rule 11 (E) holding that attorneys fee award in a common fund case must be reasonable under the circumstances

Ex Output:
holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained

Ex Input:
the BIA's decision. 1 . United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, G.A. Res. 39/46, U.N. GAOR 39th Sess., Supp. No. 51 at 197, U.N. Doc. A/39/51 (1984); see also implementing regulations at 8 C.F.R. 208.18. 2 . In this regard, the IJ's finding is supported by Yusif's statement to the airport immigration official that he fled Iraq because he "use[d] to have a big place that sold alcohol in big quantities. Then the government took over." When asked if this were the reason he left Iraq, he responded that ''[tjhe main reason is because after [they took over the store], they would give us a hard time." See Sale v. Haitian Ctrs. Council, Inc., 509 U.S. 155, 162 n. 11, 113 S.Ct. 2549, 125 L.Ed.2d 128 (1993) (<HOLDING>). 3 . A quick note about our jurisdiction is
Holding statements: (A) holding the fact that petitioners had been the victims of criminal activity in russia is not a basis for asylum unless their harassers knew of and pursued them because of race religion nationality membership in a particular group or political opinion (B) holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution (C) holding that forced recruitment does not amount to persecution without a showing that it was on account of petitioners political opinion (D) holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable (E) holding that a petitioners unwillingness to return must be based upon persecution or a wellfounded fear of persecution on account of race religion nationality membership in a particular social group or political opinion

Ex Output:
holding the fact that petitioners had been the victims of criminal activity in russia is not a basis for asylum unless their harassers knew of and pursued them because of race religion nationality membership in a particular group or political opinion