TASK DEFINITION: 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.
PROBLEM: until they were "in close proximity." Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court's choice of language in affirming its "implicit" findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he "does not yield" to the officers' show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action not passivity has been the touchstone of our an h Cir.2010) (noting that, "for a person who is moving, to 'yield' most sensibly means to stop"), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe
Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept

SOLUTION: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded

PROBLEM: of the statute before many petitioners would be able to identify, with reasonable certainty, the nature of the injury. Brice v. Sec'y of Health & Human Servs., 36 Fed.Cl. 474, 477 (1996), aff'd on other grounds, 240 F.3d 1367 (Fed.Cir.2001). In Brice, we held that equitable tolling is not available for claims arising under 300-16(a)(2), reasoning that "the statute of limitations here begins to run upon the first symptom or manifestation of the onset of injury, even if the petitioner reasonably would not have known at that time that the vaccine had caused an injury." 240 F.3d at 1373; see also Sharpnack v. Sec'y of Health & Human Servs., No. 90-983V, 1992 WL 167255, at *2 (Cl.Ct. Special Master June 29, 1992), aff'd, 27 Fed.Cl. 457 (1993), aff'd, 17 F.3d 1442 (Fed.Cir.1994) (table) (<HOLDING>). The Supreme Court, in Whitecotton,
Holding statements: (A) holding that absolute immunity protects judges so long as their acts are judicial in nature internal quotation omitted (B) holding substantial evidence is defined as more than a scintilla but less than a preponderance and consists of such relevant evidence as a reasonable person would accept as adequate to support a eonclusion (C) holding that in many vaccine program cases the injuries are first manifest ed as subtle signs and seizures of less complicated nature eg seizures lasting less than 30 minutes or seizure activity so subtle as to be unrecognized at their onset (D) holding that the govemment is not liable under the federal tort claims act for injuries to service members where the injuries arise out of or are in the course of activity incident to military service (E) holding that the united states is immune from monetary damages for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service

SOLUTION: holding that absolute immunity protects judges so long as their acts are judicial in nature internal quotation omitted

PROBLEM: with Appellant that the trial court erred by denying his motion to correct sentencing error with regard to the mandatory minimum firearm enhancement on Count 5, sexual battery with a firearm, and, therefore, reverse and remand with instructions to strike the firearm enhancement on that count. See Arnett v. State, 128 So.3d 87, 87 (Fla. 1st DCA 2013) (reversing and remanding the appellant's sentence with directions to strike his mandatory minimum firearm enhancement sentence because a defendant's sentence may not be enhanced pursuant to section 775.087(2), Florida Statutes, unless the defendant is charged with actually possessing a firearm, and noting that the jury's finding of actual possession did not cure the charging defect); Green v. State, 18 So.3d 656, 656-57 (Fla. 2d DCA 2009) (<HOLDING>). We otherwise affirm Appellant's convictions
Holding statements: (A) holding in part that the information did not charge actual possession where it alleged that the defendant carried displayed used threatened or attempted to use any weapon or firearm (B) holding that a factual finding of use or threatened use of a firearm by the sentencing court violates a defendants right to a trial by jury under the oregon constitution (C) holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault (D) holding evidence insufficient to support conviction of attempted possession of a prohibited weapon (E) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used

SOLUTION:
holding that a factual finding of use or threatened use of a firearm by the sentencing court violates a defendants right to a trial by jury under the oregon constitution