instruction:
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.
question:
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
answer:
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

question:
other court's construal of the statute. See Thrivent, 251 S.W.3d at 622-23; J.D. Edwards World Solutions Co. v. Estes, Inc., 91 S.W.3d 836, 839-40 (Tex.App.-Fort Worth 2002, pet. denied); Poole v. USAA Cas. Ins. Co., No. 14-99-00740-CV, No, 14-99-01056-CV, 2000 WL 1721150, at *1, 2000 Tex.App. LEXIS 6825, at *3-*4 (Tex.App.-Houston [14th Dist.] Oct. 12, 2000, pet. denied) (not designated for publication); Vondergoltz, 14 S.W.3d at 331. Finally, this argument is contrary to the prevailing view among state courts outside of Texas as well, which have held that an order vacating an award and directing a rehearing (without denying confirmation) is not final and appealable. See City of Fort Lauderdale v. Fraternal Order of Police, Lodge No. 31, 582 So.2d 162, 162-63 (Fla.Dist.Ct.App.1991) (<HOLDING>); Carner v. Freedman, 175 So.2d 70, 71
Holding statements: (A) holding that the ordering of a rehearing caused the judgment to not be final and appealable (B) holding that a rehearing order was not final or appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding an order denying a motion for summary judgment is interlocutory and not appealable (E) holding that a rehearing order is interlocutory and not appealable
answer:
holding that the ordering of a rehearing caused the judgment to not be final and appealable

question:
our precedents still foreclose a defendant from successfully excluding "evidence that has been 'come at by exploitation' of a violation of somebody else's rights." Jarvi 537 F.3d at 1259. Defendant concedes on appeal that he lacks "standing" to challenge the officer's initial entry, which means that he had no expectation of privacy in Gonzalez's residence. Defendant's brief demonstrates he understands the equivalence of these two concepts. Even if Defendant had not made this concession, we would affirm the district court's conclusion that Defendant had no reasonable expectation of privacy in Gonzalez's residence. The district court's conclusion falls squarely within a host of controlling authority. See, e.g., Minnesota v. Carter, 525 U.S. 83, 90, 119 S.Ct. 469, 142 L.Ed.2d 373 (1998) (<HOLDING>); United States v. Thomas, 372 F.3d 1173, 1176
Holding statements: (A) holding a person at anothers residence solely for the purpose of engaging in drug related activity has no legitimate expectation of privacy in the residence (B) holding that residence in the cnmi before 2009 was not residence in the united states for naturalization purposes (C) holding residence means legal residence for will probate (D) holding that a warrant authorizing the search of a residence vehicles at the residence and all persons found in the residence was not overly broad given that search was limited to places were drugs or weapons might be found (E) holding a person who is present at anothers home with permission simply for the purpose of consummating a business transaction does not have a reasonable expectation of privacy there
answer:
holding that residence in the cnmi before 2009 was not residence in the united states for naturalization purposes