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.

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
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

situation he confronted.' " Id. at 367 (quoting Saucier v. Katz, 533 U.S. 194, 202, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). Particularly, the contours of De Boise's right to be free from excessive force must be so sufficiently clear that a reasonable officer would know that the multiple tasings under the circumstances were a violation of that right. See Roberts v. City of Omaha, 723 F.3d 966, 972 (8th Cir.2013). Although we have determined that non-violent, non-fleeing subjects have a clearly established right to be free from the use of tasers, see Brown, 574 F.3d at 499-500, we have yet to determine whether a violent subject, acting aggressively toward officers, has a clearly established right to be free from multiple tasings. See Clark v. Ware, 873 F.Supp.2d 1117, 1123 (E.D.Mo.2012) (<HOLDING>). Indeed, in 2008, case law related to the use
Holding statements: (A) holding that the court could not determine as a matter of law that the repeated use of a taser on a subject that was physically resisting the police violated a clearly established right as of november 2009 (B) holding the right to record police activity on public property was not clearly established (C) holding that second element of qualified immunity test is whether the law violated was clearly established (D) holding that clearly established law is construed as supreme court or tenth circuit decisions on point or the clearly established weight of authority from other courts (E) holding that claim construction is a matter of law for the court to determine
holding the right to record police activity on public property was not clearly established

had to inquire into each deposit compared with the relatively simple procedure a customer could follow by depositing the funds into a separate account, with proper notice to the bank, and keeping the funds segregated to ensure that the funds remain exempt. Id. That portion of Bemardini holding that funds in a bank account lost their special status when commingled with a debtor's general funds has been followed by the Fourth Circuit. Alexander & Jones v. Sovran Bank, N.A. (In re Nat Warren Contracting Co.), 905 F.2d 716, 718-19 (4th Cir.1990). But see NCNB Financial Servs., Inc. v. Shumate, 829 F.Supp. 178, 180-81 (W.D.Va.1993), aff'd sub nom. Nationsbank of North Carolina, N.A. v. Shumate, 45 F.3d 427 (4th Cir.1994), cert. den. 515 U.S. 1161, 115 S.Ct. 2616, 132 L.Ed.2d 859 (1995) (<HOLDING>); In re Woolard, 23 Collier Bankr.Cas. 59
Holding statements: (A) holding that 407a imposes a broad bar against the use of any legal process to reach all social security benefits (B) holding that use of social security benefits satisfied child support obligation (C) holding that under 42 usc 407a social security benefits commingled with other nonexempt funds in a bank account remain exempt if the funds are reasonably traceable to social security income on a firstin firstout basis (D) holding a social security number is not private (E) holding that the express language of 407a and the clear intent of congress that social security benefits not be attachable
holding that 407a imposes a broad bar against the use of any legal process to reach all social security benefits