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 Input:
quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority's apparent conclusion that the penalty provisions of 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109,
Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of 841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes

Ex Output:
recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so

Ex Input:
two for support). The fallacy of this position is that it confuses and commingles two conflicting strands of case law which follow opposing judicial routes. As noted above, in every case cited by the majority in footnote two, the fruits of a search were deemed admissible only after the search was found to be constitutional, i.e., distinctions as to admissibility of the fruits of a particular search against the consenting occupant and the nonconsenting occupant were never drawn. There is no authority for the majority's proposition that the fruits of an unconstitutional search should be admitted into evidence. Indeed such a proposition violates one of the founding principles of the Fourth Amendment. See Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) (<HOLDING>). Most commentators also agree failure to
Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that the physical fruits of a miranda violation must be suppressed (C) holding that evidence resulting from an unconstitutional search or seizure must be suppressed (D) holding that regardless of the applicable framework defendants statement must be suppressed (E) holding that the evidence obtained as part of an illegal stop should have been suppressed even where the defendants consented to the search

Ex Output:
holding that evidence obtained by improper search or seizure is inadmissible

Ex Input:
first issue, the Saadats argue that the trial court erred in holding them personally liable for the Sabine Pilot violation. Naifeh argues, and the trial court agreed, that in a corporate setting, individuals can be personally liable for their own torts, including wrongful discharge under Sabine Pilot. We review a trial court's legal conclusions de novo. BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789, 794 (Tex.2002). Texas is an employment at will state, meaning that employment contracts can be terminated at will by either party unless they have bargained otherwise. See Fed. Express Corp. v. Dutschmann, 846 S.W.2d 282, 283 (Tex.1993); see also Armijo v. Mazda Int'l, No. 14-03-00365-CV, 2004 WL 1175335, at *3 (Tex.App.-Houston [14th Dist.] May 27, 2004, pet. denied) (mem. op.) (<HOLDING>). The one common-law exception to the
Holding statements: (A) holding that an employment at will agreement is an enforceable contract until terminated by either party (B) holding that a plaintiff had an employment interest until the date his appointment terminated (C) holding that an employment contract of an indefinite duration is terminable at will (D) holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract (E) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff

Ex Output:
holding that a plaintiff had an employment interest until the date his appointment terminated