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.
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Question: are reversed with instructions that he be re-sentenced under a correctly calculated score sheet. Cooper also asserts the same argument for his 41.712-month sentence on the delivery of cocaine charge. The question, however, is whether this error is harmless because Cooper was sentenced as a habitual felony offender. While the 41.712-month sentence happened to be equal to the minimum guidelines sentence under the incorrectly calculated score sheet, the guidelines scoresheet is legally irrelevant because Cooper was habitualized. See § 775.084(4)(h), Fla. Stat. (2002)(“A sentence imposed under this section is not subject to s. 921.002 [The Criminal Punishment Code].”); Tannihill v. State, 848 So.2d 442, 444 (Fla. 4th DCA 2003); LaFleur v. State, 812 So.2d 545, 546 (Fla. 4th DCA 2002)(<HOLDING>); Kenon v. State, 780 So.2d 258, 261 (Fla. 5th 
 Holding statements: (A) holding habitual sentence rendered guidelines scoresheet irrelevant (B) holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal (C) holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal (D) holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines (E) holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range  even where the sentence imposed fell within the correct range

Answer: holding habitual sentence rendered guidelines scoresheet irrelevant


Question: party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judg ment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. Fed. R. Civ. P. 60(b). “In deciding a Rule 60(b) motion, a court must balance the policy in favor of hearing a litigant’s claims on the merits against the policy in favor of finality.” Kotlicky v. United States Fid. & Guar. Co., 817 F.2d 6, 9 (2d Cir.1987) (citation omitted). Moreover, Rule 60(b) motions are left to the sound discretion of the district judge. See Nat’l Petrochemical Co. of Iran v. The M/T Stolt Sheaf, 930 F.2d 240, 244 (2d Cir.1991) (<HOLDING>). “To prevail on a motion for relief pursuant 
 Holding statements: (A) holding that motions to vacate a judgment are addressed to the sound discretion of trial justice (B) holding that a motion to vacate a judgment under fedrcivp 60b is addressed to the sound discretion of the trial court   citations omitted (C) holding that fedrcivp 60b motion premised on fraud on the court is available only to prevent a grave miscarriage of justice (D) holding that motion filed under fedrcivp 60b properly construed as successive  2255 motion (E) holding a motion to withdraw a guilty plea and grant trial is addressed to the sound discretion of the trial court and the supreme court will not upset the courts ruling unless there is a sufficient showing of abuse of discretion

Answer: holding that motions to vacate a judgment are addressed to the sound discretion of trial justice


Question: evidence of Joseph Grendi’s activities that the plaintiffs have presented, there is clearly evidence from which a reasonable jury could conclude that Joseph Grendi exercised actual control over JWP’s procedures and activities. Joseph Grendi next argues that he may not be subject to control person liability based on the activities of McGinn and McQuade because the class plaintiffs have failed to allege that McGinn and McQuade committed primary violations of the securities laws. This argument is more persuasive. While the class plaintiffs need not name McGinn and McQuade as defendants in order to recover under § 20, they must at least allege that McGinn and McQuade committed primary violations. See In re Citisource, Inc. Securities Litigation, 694 F.Supp. 1069, 1072, 1077 (S.D.N.Y.1988) (<HOLDING>). The class plaintiffs’ complaint is, however, 
 Holding statements: (A) holding that the presence of conclusory terms in a complaint does not insulate it from dismissal when the facts alleged cannot support the charges contained in the complaint (B) holding that plaintiff need not name alleged primary violators as defendants but describing detailed allegations of their wrongdoing contained in complaint (C) holding that a court need not accept as true conclusory allegations which are contradicted by documents referred to in the complaint (D) recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice  (E) holding that a complaint that included only allegations of intentional wrongdoing also set forth grounds for liability based on unintentional wrongdoing

Answer:
holding that the presence of conclusory terms in a complaint does not insulate it from dismissal when the facts alleged cannot support the charges contained in the complaint