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.
question:
are differences between sanctions under Rule 37(a) and substitution of counsel conditioned on payment of fees, the parallel considerations convince us that the Cunningham rationale applies here. Like Rule 37(a) sanctions, the present situation invokes concerns regarding finality, avoiding piecemeal appeals, and availability of effective appellate review." Id. Cases from the First, Second, Third, and Fifth Circuits further support interpreting Cunningham as applying more broadly than to Rule 37(a) sanctions alone. The First Circuit recognized in Empresas Omajede, Inc. v. Bennazar-Zequeira, 213 F.3d 6, 9 n. 4 (1st Cir.2000), that Cunningham affirmed its precedents denying interlocutory appeals in the sanctions area. See, e.g., United States v. Kouri-Perez, 187 F.3d 1, 14 (1st Cir.1999) (<HOLDING>); Appeal of Licht & Semonoff 796 F.2d 564, 573
Holding statements: (A) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable (B) holding sanctions pursuant to rule 26g not immediately appealable (C) holding sanctions order pursuant to district courts inherent powers not immediately appealable (D) holding such denial to be an immediately appealable collateral final order (E) holding an order of rule 37a sanctions against an attorney is immediately appealable under 1291
answer:
holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable

question:
of not more than 15 years, and it similarly concluded as follows: If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment. 21 U.S.C. 960(b)(1). The language of 841(b)(1)(A) and 960(b)(1) thus squarely contradicts Walberg's contention, for each stated that the special parole term shall be a minimum of a certain number of "years in addition to [the] term of imprisonment." Accord United States v. Mack, 509 F.2d 615, 616 (9th Cir.1974) (per curiam), cert. denied, 421 U.S. 916, 95 S.Ct. 1578, 43 L.Ed.2d 783 (1975); Llerena v. United States, 508 F.2d 78, 82 (5th Cir.1975). Cf. Bifulco v. United States, 447 U.S. 381, 388, 100 S.Ct. 2247, 2252, 65 L.Ed.2d 205 (1980) (<HOLDING>). The legislative history of the Act and the
Holding statements: (A) holding conviction for cce murder 21 usc 848e1 is a separate offense from a cce 21 usc 848c (B) holding that no special parole term was authorized for a conviction for conspiracy in violation of 21 usc 846 which mentioned only fine and imprisonment and not special parole and emphazing the in addition to language of 21 usc 841b1b (C) holding that in order for a trial court to determine which of the three graduated penalty subsections of 21 usc 841b applies to defendants convicted of a 846 drug conspiracy the jury must be instructed to determine the threshold quantity of drugs attributable to each conspiracy defendant on trial (D) holding that the elements of a drug conspiracy under 21 usc 846 do include an overt act requirement (E) holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc 841b1a because felony drug offense was defined in 21 usc 80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state
answer:
holding conviction for cce murder 21 usc 848e1 is a separate offense from a cce 21 usc 848c

question:
its content. Id. It is well-established that Rule 1002 does not apply in situations where the mere existence of an independent factual condition is sought to be proved, even if the condition is contained in or effectuated through a writing. See Fed.R.Evid. 1002 advisory committee's note ("[A]n event may be proved by nondocumentary evidence, even though a written record of "it was made.... For example, payment may be proved without producing the written receipt which was given. Earnings may be proved without producing books of account in which they are entered."); Dalton v. FDIC, 987 F.2d 1216, 1223 (5th Cir.1993) (concluding the rule did not apply to proof of a debt through an affidavit rather than bank documentation); see also United States v. Sliker, 751 F.2d 477, 483 (2d Cir.1984) (<HOLDING>). In the present case, Ms. Smith testified that
Holding statements: (A) holding that the proceeds of a liability insurance policy were not property of the estate (B) holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth (C) recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing (D) holding trial court should have required segregation because tort claims entailed proof of facts unnecessary for proof of the contract claim (E) holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer
answer:
holding that the proceeds of a liability insurance policy were not property of the estate