Given the task definition, example input & output, solve the new input case.
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: Drapeau’s cohorts, the cohort would be a “victim” of making the bomb. Further, firebombs are inherently dangerous. There is no peaceful purpose for making a bomb. Felony offenses that involve explosives qualify as “violent crimes” for purposes of enhancing the sentences of career offenders. See 18 U.S.C. § 924(e)(2)(B)(ii) (defining a “violent felony” as: “any crime punishable by imprisonment for a term exceeding one year ... that ... involves use of explosives”). Courts have found possession of a'bomb to be a crime of violence based on the lack of a nonviolent purpose for a bomb and the fact that, by its very nature, there is a substantial risk that the bomb would be used against the person or property of another. See United States v. Newman, 125 F.3d 863 (10th Cir.1997) (unpublished) (<HOLDING>); United States v. Dodge, 846 F.Supp. 181,, Holding statements: (A) holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc  3142f1 (B) holding that bank robbery by force and violence or intimidation under 18 usc  2113a is a crime of violence (C) holding that sexual assault of a child qualified as crime of violence under 18 usc  16 (D) holding for the purposes of 18 usc  924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc  924e2b (E) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc  16
Output: holding that bank robbery by force and violence or intimidation under 18 usc  2113a is a crime of violence 
It's a good example. Based on the given prompt, holding that possession of a pipe bomb is a crime of violence for purposes of 18 usc  3142f1 is correct.

New input case for you: ability to appeal. Id. at 509, 40 P.3d at 911. The supreme court held that the trial court’s sua sponte dismissal order was not an acquittal because the trial court “did not rule on the merits of the case” and “did not enter any decisions as to the guilt of Poohina.” Id. at 510, 40 P.3d at 912. Accordingly, the protection against double jeopardy did not apply to the dismissal order. Id. at 509-10, 40 P.3d at 911-12. Consistent with Poohina, we conclude that the District Court’s dismissal of the charges in Clemente’s case was not an acquittal, and, accordingly, the protection against double jeopardy does not apply. The District Court’s dismissal of the charges did not satisfy the Poohina test for an acquittal. It was not based on a resolution in Clem-ente’s fav 624, 626-28 (1985) (<HOLDING>); People v. Zagarino, 74 A.D.2d 115, 427 
 Holding statements: (A) holding that a sua sponte dismissal of the charges during trial was not an acquittal that barred retrial based on double jeopardy (B) holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause (C) holding that if defendant moved for or consented to mistrial retrial of defendant was not barred on double jeopardy grounds (D) holding that the trial courts dismissal of the charges after jeopardy had attached based on the prosecution witnesses failure to appear was not an acquittal and therefore double jeopardy did not prevent the court from reconsidering its decision and reinstating the charges (E) holding double jeopardy prohibits government appeal and retrial following valid judgment of acquittal entered by trial court after jury deadlocked on criminal contempt charge
Output:
holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause