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.

the Bond offering because they underwrote the transaction and sold the Bonds to investors, either directly or through their brokers. Indeed, given the role of underwriters generally, Baird, Jones, and Stern "had a duty to make an to speak, they knew investors might rely on the statements made. The law firms' duty, however, must also be considered in light of the services they were retained to perform. Because Kutak and Stinson were not hired to opine on the feasibility of the Event Center, they cannot have been held to a duty to investigate or determine whether the financial projections were realistic unless these firms otherwise became involved in the making, preparing, or drafting of those projections. See N.Y. City Emps.' Ret. Sys. v. Berry, 616 F.Supp.2d 987, 994 (N.D.Cal.2009) (<HOLDING>). Similarly, to the extent the law firms
Holding statements: (A) holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors (B) holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements (C) recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case (D) holding that district court must conduct individualized assessment based on particular facts of each case (E) holding that the issue of waiver requires an analysis of the specific facts in each case
holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors

victim's undisputed injuries, this court held that the statute required proof that the bodily injury was a foreseeable, rather than intentional, result of the rights-violating conduct. Woodlee, 136 F.3d at 1405. At no point did this court even consider the possibility that the statute might not require proof of foreseeability at all, i.e., that the statute, imposed strict liability .on a defendant for bodily .injury resulting from his conduct. Because there is no logical distinction between the statutory language at issue in Woodlee and the language of 841(b)(1)(E) that we are now tasked with interpreting, I believe that we are bound by Woodlee to interpret 841(b)(1)(E) as incorporating a proximate cause requirement. See United States v. Ensminger, 174 F.3d 1143, (10th Cir.1999) (<HOLDING>). To conclude otherwise creates an
Holding statements: (A) holding that in the absence of an intervening supreme court decision only the en banc court may overrule a decision by a threejudge panel (B) holding that a panel may not reconsider issues decided earlier in the same case by the en banc court (C) holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court (D) holding that only intervening law from the supreme court or this court sitting en banc can overrule a prior panel decision (E) holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc
holding that in the absence of an intervening supreme court decision only the en banc court may overrule a decision by a threejudge panel

say this "touching" rose to the level of "deviate sexual intercourse." However, we do find there was sufficient evidence adduced at the plea hearing that Relator committed child molestation in the first degree in violation of Section 566.067, RSMo 1994, in that he subjected two victims who were less than twelve years of age to "sexual contact" by touching their vaginas with his hand only. See State v. Pnce, 940 S.W.2d 534, 537 (Mo.App. E.D.1997) (placing hand on victim's genitals constituted sexual abuse as opposed to deviate sexual' intercourse under amended statutes); State v. Palmer, 976 S.W.2d 29, 30 (Mo.App. E.D.1998) (touching victim's genitals constituted sexual abuse, not statutory sodomy under amended statutes); State ex rel. Nixon v. Sprick, 59 S.W.3d 515, 519 (Mo. banc 2001) (<HOLDING>). Relator next argues that becadse his offenses
Holding statements: (A) holding that intentional acts exclusion applies to intentional act of child molestation (B) holding that touching anus and touching genitals are separate offenses under penal code section 2211a1 (C) holding that an abuse or molestation exclusion unambiguously covered claim of sexual touching even though terms abuse and molestation were not defined (D) holding that simply exposing ones sexual organs to a child can be sufficient proof of child molestation (E) holding direct touching of victims vagina constituted child molestation under amended statutes
holding that intentional acts exclusion applies to intentional act of child molestation