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.
One example is below.
Q: Drapeau's cohorts, the cohort would be a "victim" of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as "violent crimes" for purposes of enhancing the sentences of career offenders. See 18 U.S.C. 924(e)(2)(B)(ii) (defining a "violent felony" as: "any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives"). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc 16 (D) holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16
A: holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence
Rationale: It's a good example. Based on the given prompt, holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc 3142f1 is correct.
Q: than 100 kilograms of marijuana, it must indict him appropriately and then prove the elements of that offense beyond a reasonable doubt. Otherwise, the government may indict a defendant under the provision with the lowest statutory maximum sentence and then, as in this ease, rely on relevant conduct findings to achieve what it otherwise might not if held to a higher burden of proof, namely a sentence under a separate offense's enhanced penalty provision. Of course, it is clearly permissible "for judges to exercise discretion-taking into consideration various factors relating both to offense and offender-in imposing a judgment within the range prescribed by statute." Apprendi, 120 S.Ct. at 2358; see also United States v. Watts, 519 U.S. 148, 157, 117 S.Ct. 633, 136 L.Ed.2d 554 (1997) (<HOLDING>). Thus, the government may still rely upon a
Holding statements: (A) holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted (B) holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct (C) holding that criminal conduct of which defendant is acquitted may be used as sentencing factor if proved by preponderance of the evidence (D) holding that a district court may find acquitted conduct by a preponderance of the evidence (E) holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant
A:
holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted