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.

Input: Consider Input: the rate must make a threshold showing that the rate at issue is unreasonable. Milne, 970 F.2d at 570; Covey, 763 F.Supp. at 482-83. Relevant factors in the determination include "relevant rate comparisons, a carrier's proffer of a particular rate, and whether the rate would have moved the traffic had it been asserted at the time the shipments took place." Matter of Brown Transport Truckload, Inc., 144 B.R. 183, 187 (Bankr.N.D.Ga.1992). One common method of making a prima facie showing of unreasonableness is to provide affidavit testimony demonstrating a significant disparity between the rates sought to be charged by the carrier and the rates charged by competing carriers at the time in question. See, e.g., Vining v. The Eureka Co., 1992 WL 370520, at *2 (N.D.Ill. Dec. 8, 1992) (<HOLDING>); Matter of Brown, 144 B.R. at 187 (noting
Holding statements: (A) holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo (B) holding eighty percent increase in demanded rates and showing that original rates were competitive with other carriers was prima facie unreasonable (C) holding prima facie showing of unreasonableness made by presenting evidence that tariff rates in effect at time of shipments were well above rates paid to other carriers for same service (D) holding that absence of competitive injury was not a defense to prima facie violation of 2e (E) holding that a prima facie case is subject to independent review

Output: holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo

Input: Consider Input: F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino's testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This "gate-keeping" obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry,
Holding statements: (A) holding that dauberts basic gatekeeping obligation applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

Output: holding that the admission of expert testimony was prejudicial where the testimony was pervasive

Input: Consider Input: satisfied the definition of "distribution" contained in 2G2.2(b)(2). It is this finding that Hill challenges. In United States v. Canada, this court held that the term distribution was not limited to pecuniary gain and that it also included distribution based on non-monetary gains. See 110 F.3d 260, 263 (5th Cir.1997) ("[T]he intended definition of 'distribution' for the sake of the guideline is meant to be inclusive of pecuniary gain purposes, but not exclusive of all other purposes."). Therefore, we held that because Canada's distribution "was accompanied by an additional element," namely the potential gain of enticing a minor to have sexual relations with him, the five-level enhancement was warranted. See id.; see also United States v. Fowler, 216 F.3d 459, 460 (5th Cir.2000) (<HOLDING>). However, Canada and subsequent cases have
Holding statements: (A) holding that mailing child pornography to another in the expectation of receiving similar materials in return constituted distribution for purposes of 2g22b2 (B) holding that an enhancement for distribution of child pornography to a minor was improper because the pornographic materials at issue were transmitted to an undercover law enforcement officer who was not a minor (C) holding that trading of child pornography is distribution for purposes of 2g22b2 (D) holding that distribution of child pornography to encourage a meeting to engage in sex was sufficient to warrant enhancement (E) holding that trading tapes of child pornography in order to augment a defendants personal collection constitutes distribution
Output: holding that mailing child pornography to another in the expectation of receiving similar materials in return constituted distribution for purposes of 2g22b2