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.

Q: to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors,” those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields’s Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106 
 Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

A: holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment
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Q: 593, 598 (4th Cir.), cert. denied, — U.S. -, 117 S.Ct. 1, 135 L.Ed.2d 1098 (1996), and of mixed questions of law and fact, see Miller v. Fenton, 474 U.S. 104, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). However, the state court’s factual findings underlying those determinations are presumed to be correct and binding, as long as they were made after a full, fair, and adequate hearing on the merits. See 28 U.S.C.A. § 2254(d) (West 1994) (pre-AED-PA); see also Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 768-69, 66 L.Ed.2d 722 (1981). The habeas petitioner bears the burden of es ing that the findings of the trial court on discriminatory intent in Batson challenge are reviewed for clear error); Dayton Bd. of Educ. v. Brinkman, 443 U.S. 526, 534, 99 S.Ct. 2971, 2977, 61 L.Ed.2d 720 (1979) (<HOLDING>); Jones v. Plaster, 57 F.3d 417, 421 (4th 
 Holding statements: (A) holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard (B) holding that the question of causation in a prima facie case of retaliation brought under general statutes  46a60 is factual in nature and thereby subject to the clearly erroneous standard of review (C) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (D) holding that pretext is subject to the clearly erroneous standard (E) holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard

A: holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard
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Q: for which permission was granted” and concluding that “unauthorized editing of the underlying work, if proven, would constitute an infringement of the copyright in that work similar to any other use of a work that exceeded the license granted by the proprietor of the copyright” (emphasis added)); WGN Cont'l Broad. Co. v. United Video, Inc., 693 F.2d 622, 625 (7th Cir.1982) (same); Glovaroma, Inc. v. Maljack Prod., Inc., 71 F.Supp.2d 846, 855-56 (N.D.Ill.1999) (hold ing that summary judgment dismissing infringement claim was inappropriate where scope of license was unclear). Also, it has been held by several courts and noted by commentators that a nonexclusive license cannot be transferred without permission of the copyright owner. See Gardner v. Nike, Inc., 279 F.3d 774 (9th Cir.2002) (<HOLDING>); In re Golden Books Family Entm’t, Inc., 269 
 Holding statements: (A) holding that trial court lacked jurisdiction to consider suit for judicial review filed by entity that was neither owner of property nor owners properly designated agent (B) holding that there can be no plain error where neither we nor the supreme court has addressed an issue (C) holding neither booker nor blakely can be applied retroactively (D) holding that neither exclusive nor nonexclusive licenses can be transferred absent copyright owners authorization (E) holding that designation is neither a sentence nor a punishment

A:
holding that trial court lacked jurisdiction to consider suit for judicial review filed by entity that was neither owner of property nor owners properly designated agent
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