TASK DEFINITION: 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.
PROBLEM: task of resolving the dispute over the meaning of [a statute] ... begins where all such inquiries must begin: with the language of the statute itself.”). Section 2412(d)(2)(A)(ii) states in part that “attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living ... justifies a higher fee.” (emphasis added). On its face, § 2412(d)(2)(A)(ii) generally references “the cost of living” not a local/regional cost-of-living. Id. (emphasis added). See Conn. Nat. Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992) (“[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.”) (citations omitted). Cf. Jones v. Espy, 10 F.3d 690, 692 (9th Cir.1993) (<HOLDING>) (citation omitted). This choice of language 
 Holding statements: (A) holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity (B) holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority (C) holding that the more general cpiu for all items applied because if congress had meant to permit upward adjustments based on the increased cost of legal services it would have done so with greater specificity and clarity (D) holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 (E) holding that based on the statutes purpose and its legislative history the legislature would have included specific language regarding drug rehabilitation if it had meant to include it

SOLUTION: holding that legal services attorney lacked standing to challenge state court judges alleged retaliation against clients represented by legal services for using legal services relying upon article iii and younger comity

PROBLEM: 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

SOLUTION: holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment

PROBLEM: State’s modified definition “could have easily affected the jury’s verdict.” But there was substantial evidence that Orsag was intoxicated. Orsag’s fiancé testified that Orsag drank that night, he smelled of alcohol, he pulled over to the wrong side of the road, he exhibited signs of intoxication on all of the field-sobriety tests, and he refused a breath test. Therefore, the evidence is sufficient for the jury to find Orsag was intoxicated, whether it considered either the State’s interpretation of the definition or the definition contained in the charge. Finally, Orsag argues that, by allowing the State to misstate the law, “the only reasonable conclusion the jury could draw was that the prosecutor was stating proper law.” See Kincaid v. State, 534 S.W.2d 340, 342 (Tex.Crim.App.1976) (<HOLDING>). But the trial court instructed the jury to 
 Holding statements: (A) holding that trial courts failure to sustain objection to prosecutors misstatement of parole law to appellants detriment was harmful error and noting that jury assessed maximum penalty allowed (B) holding trial courts error in overruling objection to prosecutors misstatement of law of intoxication that differed from definition in charge was harmless when there was evidence supporting the jurys verdict and it was presumed the jury followed the instructions in the charge (C) holding that the prejudice prong of strickland was not met in a claim of ineffective assistance of counsel for failing to object to the prosecutors misstatement of law where the trial court properly instructed the jury (D) holding that any prejudice resulting from a misstatement of the law by the prosecutor was cured by trial courts proper instruction on applicable law (E) holding that any error in the prosecutors misstatement of the gjrand jjurys function was cured when the judge in effect granted the objection and allowed the attorney to correctly articulate the grand jurys function

SOLUTION:
holding trial courts error in overruling objection to prosecutors misstatement of law of intoxication that differed from definition in charge was harmless when there was evidence supporting the jurys verdict and it was presumed the jury followed the instructions in the charge