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.

Example Input: how much more of a connection to interstate commerce, if any, must be shown under a substantial rather than a de minimis standard. See Russell, 471 U.S. at 859-60 n. 4, 105 S.Ct. 2455 (suggesting in a pre-Lopez opinion that, under the Commerce Clause, Congress could only reach criminal activity " 'substantially affecting interstate commerce.' "). It is clear, however, that the direct interstate connection required by Instruction 10 is much more substantial than the indirect interstate connection articulated by the government and disapproved of by the Court in Lopez. In Lopez, the connections articulated by the government between the possession of a firearm in a local school zone and interstate commerce were, to say the least, attenuated. See Lopez, 514 U.S. at 567, 115 S.Ct. 1624 (<HOLDING>); see also Hicks, 106 F.3d at 189 (describing
Holding statements: (A) holding that a reasonable inference need not be the sole possible inference (B) holding that adverse inference rule is permissive (C) recognizing that a vital fact may not be established by piling inference upon inference (D) holding that the nonmovant need not be given the benefit of every inference but only of every reasonable inference (E) recognizing that to uphold the government contentions would require the court to pile inference upon inference
Example Output: holding that a reasonable inference need not be the sole possible inference

Example Input: was safe to operate, afforded discretion to the FAA to "make its own findings" whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. 385.17(f) is not a "check list." J.A. at 105. It leaves it to the FMCSA to determine whether a carrier's submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency's "implementation of a mechanism for compliance review" and necessarily require "balancing the objectives sought to be obtained against such practical considerations as staffing and funding," constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R.
Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision
Example Output: recognizing a discretionary function exception to that waiver

Example Input: area' ...." Kyllo v. U.S., 533 U.S. 27, 34 (2001) (quoting Silverman v. U.S., 365 U.S. 505, 512 (1961)). The technology at issue in Kyllo was a thermal imager that produced images showing heat distributions within the defendant's home and in comparison with his neighbors' homes. Id. at 29-30, 121 S.Ct. 2038. Based on their thermal imaging scan of Kyllo's residence, officers determined that Kyllo was using halide lights to grow marijuana in his house. Id. at 30, 121 S.Ct. 2038. Though the officers obtained additional information about Kyl-lo's increased electricity usage by subpoenaing his utility company, the Court determined that the officers' use of the thermal imager constituted a search under the Fourth Amendment. See id. at 40, 121 S.Ct. 2038; id. . 2010) (non-prece-dential) (<HOLDING>). In contrast, courts agree that individuals do
Holding statements: (A) holding that defendant lacked reasonable expectation of privacy in phone and fax numbers dialed (B) holding that prisoners have no reasonable expectation of privacy in their prison cells (C) holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building (D) holding that where there is no evidence of shared use or common authority an individual has a reasonable expectation of privacy in the files kept on a personally owned computer (E) holding that an individual has no reasonable expectation of privacy in identifying information transmitted for isps and phone providers to provide service
Example Output:
holding that defendant lacked reasonable expectation of privacy in phone and fax numbers dialed