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.

Example Input: states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) ("[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew's evaluation prior to the arbitration proceeding."). But see Klein v. Comm'r, 880 F.2d 260, 263 (10th Cir.1989) ("A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence."); Calcutt v. Comm'r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness
Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action
Example Output: holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial

Example Input: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant's extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role "so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for 'minimal' participation"); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061,
Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
Example Output: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

Example Input: preferred. See D.D.C. R. 405. Indeed, the courts have developed rules and presumptions that enable the most efficient use of limited judicial resources while at the same time protecting the various parties' rights to have their claims and arguments heard and decided by an impartial decision-maker. Trial judges frequently receive extraneous information about parties appearing before them but are presumed to disregard it. See Harris v. Rivera, 454 U.S. 339, 347, 102 S.Ct. 460, 465, 70 L.Ed.2d 530 (1981). In the course of a trial, as well as at pre-trial suppression hearings or during discovery, a judge may inspect documents or evidence that go to the heart of a party's case but are ultimately determined to be inadmissible. See United States v. Cowden, 545 F.2d 257, 265-66 (1st Cir.1976) (<HOLDING>). Similarly, a judge may have personal
Holding statements: (A) holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion (B) holding that when defense counsel withdrew an objection to admission of evidence the defendant waived his right to a review of the courts ruling on appeal (C) holding that for error to be preserved on appeal with regard to admission of evidence in violation of a ruling on a motion in limine that the evidence is inadmissible an objection should be made at the time the evidence is offered (D) recognizing that judges are necessarily exposed to matters outside the record in the course of ruling on the admission of evidence (E) holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record
Example Output:
holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion