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.

of the [Marion County] small claims court shall be taken to the superior court of the county and tried de novo." Retaining the identical language, the Legislature re-codified the statute in 2004 as Indiana Code section 33-34-3-15(a). 2 . Atlantic Coast sought interlocutory review of the trial court's order, which the Court of Appeals accepted. The Court of Appeals addressed this claim in the instant appeal. 3 . Atlantic Coast does not challenge the Court of Appeals' determination regarding the discovery order, and the Cooks do not challenge the determination that they waived appellate review of the trial court's grant of summary judgment in favor of Delta Airlines on the Cooks' negligence claim. 4 . Compare, for example, Abdullah v. Am. Airlines, Inc., 181 F.3d 363 (3rd Cir.1999) (<HOLDING>), and O'Carroll v. Am. Airlines, Inc., 863 F.2d
Holding statements: (A) holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation (B) holding that general maritime law preempts state law (C) holding that the flsa preempts certain state law claims (D) holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans (E) holding that federal law establishes the applicable standards of care in the field of aviation safety generally and thus preempts the entire field from state regulation
holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation

to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors," those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields's Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106
Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment
holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment

in the case at bar, because death was not part of the "offense of conviction." See supra Parts V(A)(2)(a) and (b); see also USSG 1 B 1.2(a) (defining offense of conviction as "the offense conduct charged in the count of the indictment ... of which the defendant was convicted"); United States v. Pressler, 256 F.3d 144, 157 n. 7 (3d Cir.2001) (examining 2D1.1 and opining in dicta that "several factors lead us to believe that the phrase includes only the facts underlying the specific criminal offense for which the defendant was convicted" and that "not all acts or omissions committed or willfully caused by a defendant during the commission of the offense of conviction are themselves part of the offense of conviction" (emphasis in original)). Compare Rebmann II, 321 F.3d at 544 (<HOLDING>), with United States v. Shah, 453 F.3d 520, 524
Holding statements: (A) holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense (B) holding 2dlla2 was inapplicable because death was not part of the offense of conviction (C) 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 (D) holding that the application of the enhancement for using a firearm in connection with another felony offense is proper only if there is a clear connection between the firearm that was used in the other offense and the one that was used in the offense of conviction (E) holding that reviewing court in a proper case may modify a judgment of conviction below and affirm it as a conviction of a lesser degree of the offense charged or of a lesser crime included therein where the errors do not affect the conviction of the lesser offense
holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense