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.

Example Input: to commit himself to such an alternative to a federal sentence. 2 . Defendant also raises two additional arguments: (1) that the district court improperly based its sentence on the defendant's refusal to waive his constitutional and statutory rights to oppose his deportation; and (2) that the district court failed to appreciate the scope of its authority to consider, as a mitigating circumstance upon which to base a departure, defendant's vulnerability and susceptibility to abuse in prison due to his physical condition. Both arguments lack merit. As to the first argument, the conditioning of a downward departure on the surrender of a statutory right to a deportation hearing would not have offended due process. See United States v. Galvez-Falconi, 174 F.3d 255, 260 (2d Cir.1999) (<HOLDING>). See generally United States v.
Holding statements: (A) recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart (B) holding that district court had authority to grant section 5k20 downward departure despite governments opposition (C) holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward (D) holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart (E) holding that where a defendant malees a showing that the act of consenting to deportation carries unusual assistance to the administration of justice district court has authority under ussg 5k20 to depart downward in absence of the governments consent
Example Output: recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart

Example Input: see State v. Sosa, 1997-NMSC-032, 9, 123 N.M. 564, 943 P.2d 1017. {34} Defendant argues that two provisions in the current Delinquency Act suggest the Legislature's intent to apply the beyond a reasonable doubt standard to the Section 32A-2-20 findings. These two provisions, Section 32A-2-24(B) (requiring proof beyond a reasonable doubt in probation revocation hearings), and Section 32A-2-16(E) (requiring proof beyond a reasonable doubt in a delinquency proceeding), are readily distinguishable from the amenability determination under Section 32A-2-20(B). First, the requirement of proof beyond a reasonable doubt in a delinquency proceeding is constitutionally mandated. See In re Winship, 397 U.S. at 364, 90 S.Ct. 1068. Second, a probation revocation hearing, l 7, 1140-41 (Ct.App.1978) (<HOLDING>); State v. Doe, 100 N.M. 649, 651, 674 P.2d
Holding statements: (A) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) holding right to testify was federal constitutional right (D) holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements (E) holding basic elements of due process are notice and a right to be heard
Example Output: holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel

Example Input: of constructive notice. Defendant's second argument requires more discussion. District of Columbia cases show a tendency to merge claims for implied warranty of merchantability with strict liability. That is the second basis for Defendant's argument to dismiss this count. In Cottom v. McGuire Funeral Service, Inc., 262 A.2d 807, 808 (D.C.1970), the court characterized the doctrines of implied warranty and strict liability in tort as "but two labels for the same right and remedy, as the governing principles are the same." The reason why implied warranty merges with the strict liability claim is that both are based on the sale of a product alleged to be defective. (M.D. at 13.) Precedent supports the merging of these two claims: Bowler v. Stewart-Wamer Corp., 563 A.2d 344, 346 (D.C.1989) (<HOLDING>); MacPherson v. Searle & Co., 775 F.Supp. 417,
Holding statements: (A) holding warranty liability and strict liability were both shown by proof a product was defective (B) holding the learned intermediary doctrine as adopted by georgia courts insulated a defendant from liability for negligence strict liability and breach of implied warranty claims (C) recognizing strict product liability actions (D) holding that a commercial buyer of defective goods cannot maintain a strict liability or negligence suit for economic loss to the product as the remedy is a breach of warranty suit under the ucc (E) holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control
Example Output:
holding the learned intermediary doctrine as adopted by georgia courts insulated a defendant from liability for negligence strict liability and breach of implied warranty claims