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: that subsequent extraneous offenses are admissible to show a defendant's intent as to an earlier offense. See U.S. v. Germosen, 139 F.3d 120, 128 (2nd Cir.1998) (upholding admission of subsequent act under Federal Rule of Evidence 404(b) to show intent regarding charged offense and holding, "[t]he fact that the evidence involved a subsequent rather than prior act is of no moment"); U.S. v. Latney, 108 F.3d 1446, 1449 (D.C.Cir.) (construing Federal Rule of Evidence 404(b) and holding that it "draws no distinction b Austin 1990, no pet.) (same). Accordingly, we hold that the trial court did not abuse its discretion by rejecting Russell's contention that the Vogt Street offense was not admissible simply because it occurred after the Fast Freddy's offense. Cf. Montgomery, 810 S.W.2d at 380 (<HOLDING>). Although, based on the authorities cited by
Holding statements: (A) holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court (B) recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion (C) holding failure to exercise discretion is abuse of discretion (D) holding not an abuse of discretion to deny funds (E) recognizing that an abuse of discretion occurs when the trial court acts without reference to any guiding principles or rules

Output: holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court

Input: Consider Input: (2013) (ex plaining the FDA's view that "promoting a drug for an off-label use is a violation" of the FDCA's misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep't of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA's informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the
Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

Output: holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation

Input: Consider Input: the defendant's guideline range. See United States v. Williams, 526 F.3d 1312, 1323-24 (11th Cir.2008) (as part of history and characteristics of the defendant, district court could consider defendant's prior offenses in deciding to impose an upward variance, even though those offenses were already included in the defendant's criminal history score); see also 18 U.S.C. 3661 ("No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and sidered the 3553(a) factors, "considered the parties' arguments and ha[d] a reasoned basis for exercising [its] own legal decisionmaking authority." Rita, 551 U.S. at 356, 127 S.Ct. at 2468; see also Talley, 431 F.3d at 786 (<HOLDING>). Regarding Cooper's argument that the court
Holding statements: (A) holding that the district court is not required 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 there must be sufficient evidence in the record to affirmatively demonstrate the courts consideration of the relevant section 3553a factors (C) 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 (D) recognizing that many of the 3553a factors are already incorporated into any guidelines determination and the 3553a factors can themselves overlap (E) holding that it is sufficient for a court to acknowledge its consideration of the parties arguments and the 3553a factors
Output: holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors