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.
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Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, "automatic." However, it also suggests that the proper procedure is for the district court expressly to "convert" a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth
Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
answer:
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them

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witness testifying against him was in custody). This right is not subject to the trial court's discretion; however, the court may preclude repetitive or unduly harassing interrogation. Ramey,. 152 Ill. 2d at 67-68; Triplett, 108 Ill. 2d at 475. Thus: "[A] defendant need not show interest or motive in that any promises of leniency have, in fact, been made to the witness by the State or that any expectations of special favor exist in the mind of the witness, before cross-examining a witness as to possible bias. Further, the defense is entitled to inquire into such promises or expectations whether they are based on fact or are simply imaginary." Ramey, 152 Ill. 2d at 67-68, citing Triplett, 108 Ill. 2d at 475-76. See also People v. Tomes, 284 Ill. App. 3d 514, 520, 672 N.E.2d 289 (1996) (<HOLDING>). "To this end a defendant has the right to
Holding statements: (A) recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required (B) recognizing that criminal defendants right to testify is subject to crossexamination (C) holding that limitation on scope and breadth of crossexamination did not significantly curtail effectiveness of witness crossexamination because crossexamination was lengthy and extensive (D) holding it is well established that crossexamination to show that a witness might be vulnerable to pressure whether real or imagined from the state regarding a pending charge is a matter of right (E) holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination
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recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required

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distribution crimes applies when "a dangerous weapon (including a firearm) was possessed" by the defendant. USSG 2D1.1(b)(1). The adjustment is appropriate "if the weapon is present, unless it is clearly improbable that the weapon was connected with the offense." Id., comment. (n.3). Thus, the guideline clearly requires that before the enhancement is imposed, the government must establish that a weapon is at least present. This circuit has consistently held that in order for 2D1.1(b)(1) to apply, the government must prove by a preponderance of the evidence that a dangerous weapon was present when the crimes ioere committed, and that it was not clearly improbable that the weapon had some nexus with the criminal activity. See United States v. Shields, 44 F.3d 673, 674 (8th Cir.1995) (<HOLDING>). See also United States v. Bost, 968 F.2d 729,
Holding statements: (A) holding enhancement not appropriate because firearms were seized from defendants home thirtyseven days after last known drug sale occurred (B) holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them (C) holding that unloaded firearms qualify for this enhancement (D) recognizing firearms as common tools of the drug trade (E) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home
answer:
holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them