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]: a factor listed in this subpart, departure from the applicable guideline range is warranted only if the factor is present to a degree substantially in excess of that which ordinarily is involved in the offense. U.S.S.G. 5K2.0, p.s. Indeed, we have recognized the possibility of departure beyond the adjustments made available by U.S.S.G. 3B1.1 (aggravating role) and 3B1.2 (mitigating role), based upon a defendant's extraordinary role with respect to the offense of conviction. See United States v. Joyner, 924 F.2d 454, 461 (2d Cir.1991) (acknowledging possibility of role "so extraordinarily minute that [defendants] deserved a departure beyond the four-level maximum reduction available for 'minimal' participation"); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (<HOLDING>); cf. United States v. Bierley, 922 F.2d 1061,
Holding statements: (A) recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense (B) holding that within these parameters apprendi permits an upward adjustment for a defendants role in a drugtrafficking conspiracy (C) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (D) holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error (E) holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
[EX A]: recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense

[EX Q]: controversy turns, in part, on a categorization of the loss at issue; an inherently factual determination requiring the testimony of Penn and NBC staff juxtaposed against Gioia's onsite analysis. Thus, Gioia is a material witness and his convenience weighs in favor of transfer. B. Locus of the Operative Facts "Where there is no material connection between the district and'the operative facts, ... the interests of justice require the transfer of [the] action." Manao Invests., 1997 WL 53200, at *2 (alteration in original) (quotation omitted). 'When determining the locus of operative facts in a declaratory judgment action concerning the interpretation of an insurance policy contract, this Court has considered where the insurance contract was made." Royal Ins., 2002 WL 31385815, at *3-4 (<HOLDING>). Here, while it is unclear whether
Holding statements: (A) holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution (B) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (C) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (D) holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york (E) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action
[EX A]: holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership

[EX Q]: underlying action has determined "in fact" that Hanft personally profited. The Court rejects this interpretation of the exclusion. The Diehls cite to several, mostly unpublished, decisions from other jurisdictions in support of their argument (Doc. 64 at 22-23), but contrary to the Diehls' contention, these cases do not hold that the "in fact" language requires a final adjudication in the underlying action. In each of these cases the court did not require a final adjudication by the underlying factfinder, but rather found that the allegations and evidence presented was not sufficient to support application of the exclusion without further underlying proceedings. See PMI Mortgage Ins. Co. v. Am. Int'l Specialty Lines Ins. Co., No. C 02-1774, 2006 WL 825266 at *7 (N.D.Cal. Mar.29, 2006) (<HOLDING>); Federal Ins. Co. v. Cintas Corp., No.
Holding statements: (A) holding that the judgment or other final adjudication language of a dishonesty exclusion was satisfied by a criminal conviction (B) holding that the term in fact within the context of the exclusion here should be read to require either a final adjudication including a judicial adjudication or at a minimum at least some evidentiary proof (C) holding that guilty plea to crime of fraud satisfied judgment or final adjudication language of dishonesty exclusion (D) holding that an adjudication on summary judgment is an adjudication on the merits (E) holding that case was justiciable when at least some of the appellants have a sufficient personal stake in its adjudication
[EX A]:
holding that the judgment or other final adjudication language of a dishonesty exclusion was satisfied by a criminal conviction