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]: it is not plainly erroneous or inconsistent with the regulation"). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC's deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when "determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution." 12 C.F.R. 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). "Deposit account records" include "account
Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records
[EX A]: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account

[EX Q]: Sept. 3, 1998)(variance is not material "where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense"). A material variance is sometimes referred to as a "fatal variance." We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232
Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice
[EX A]: holding that a defendant must demonstrate that he would not have pled guilty but for the error

[EX Q]: must determine "(1) whether the defendant occupied a position of trust; and (2) whether the defendant abused that position in a manner that significantly facilitated the commission or concealment of the offense." United States v. West, 56 F.3d 216, 219 (D.C.Cir.1995). 1. Position of Trust. Application note 1 accompanying 3B1.3, as amended in 1993, indicates that the defining characteristic of a "position of trust" is "professional or managerial discretion (i.e., substantial discretionary judgment that is ordinarily given considerable deference)." To illustrate, the commentary provides that a bank teller who steals from the till is not subject to the enhancement because his or her position does not entail professional or managerial discretion. See id.; see also West, 56 F.3d at 221 (<HOLDING>). On the other hand, because a bank executive
Holding statements: (A) holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust (B) holding that the position of special trust is not dependent on the closeness of the defendants relationship with the child (C) holding that the statute of limitations cannot bar appellants claim that a constructive trust should be imposed because a constructive trust is an equitable remedy and therefore not subject to the statute (D) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (E) holding that courier is not in position of trust
[EX A]:
holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust