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.

[EX Q]: making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant's advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) ("Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor's conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless."); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is
Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge
[EX A]: holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify

[EX Q]: rule may be outdated, we have also recognized that "it is uniquely a province of the legislature to change it." Reiter v. Yellowstone County (1981), Mont., 627 P.2d 845, 849, 38 St.Rep. 686, 690. In Reiter, we noted that because of the operation of section 39-2-503, MCA, the at-will employee was not employed on a "discharge for cause only" basis. We stated, "assuming arguendo that appellant had an implied contract with an implied covenant of good faith, the employer did not act in bad faith because its conduct was statutorily permissible." 627 P.2d at 849-850, 38 St.Rep. at 690. In other words, under section 39-2-503, MCA, an employer or employee could terminate employment for any or all reasons, provided the reasons or manner of termination did not 7), 373 Mass. 96, 364 N.E.2d 1251 (<HOLDING>); and Monge v. Beebe Rubber Co. (1974), 114
Holding statements: (A) recognizing a contract action when employee terminated in order not to receive earned bonuses or commissions (B) holding employee not terminated in bad faith because no evidence suggested that employer discharged employee in order to retain em ployees previously earned sales commissions (C) recognizing contract action and limiting damages to those for breach of contract when employee terminated for refusal to date foreman (D) holding um did not act under color of state law when it terminated an employee (E) recognizing a tort action for wrongful discharge when employee was terminated because he refused to commit a criminal act
[EX A]: holding employee not terminated in bad faith because no evidence suggested that employer discharged employee in order to retain em ployees previously earned sales commissions

[EX Q]: at 422) (alteration in original). But even then, the equation of legal and factual non-consent mixes considerations of physical disparity ("smaller" or "weaker") with considerations of mental or emotional disparities ("less experienced," "authority figures"). While this assumption may be valid where the minor is a younger child, see, e.g., Reyes-Castro, 13 F.3d at 379, it does not hold true where the victim is an older adolescent, who is able to engage in sexual intercourse voluntarily, despite being legally incapable of consent. See United States v. Houston, 364 F.3d 243, 247 (5th Cir.2004) (distinguishing factual and legal consent for purposes of determining whether statutory rape is a crime of violence under U.S.S.G. 4B1.2); Dickson v. Ashcroft, 346 F.3d 44, 51-52 (2d Cir.2003) (<HOLDING>). Therefore, while we agree that the
Holding statements: (A) holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc 16b (B) holding that theft from the person is not a crime of violence (C) holding that the impact upon the victims is relevant to circumstances of the crime (D) holding that unlawful imprisonment of a minor or incompetent adult is not a crime of violence under 16b because the crime can be accomplished with the victims acquiescence (E) holding a crime committed under a nebraska statute criminalizing sexual contact between an adult and a minor a felony crime of violence for sentencing purposes
[EX A]:
holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc 16b