instruction:
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.
question:
to her or to the government, and some of which may be quite different than either thought possible. Teeter, 257 F.3d at 21; see also Sotirion v. United States, 617 F.3d 27, 38 (1st Cir. 2010). At the time of sentencing there was no “sentencing error”. Petitioner made a knowing and voluntary waiver of his rights, choosing the certainty of a binding plea agreement over the uncertainty of a jury trial. He cannot accept the benefit of that agreement and then repudiate it when a change in circumstances later arises. See Teeter, 257 F.3d at 21. A retroactive determination that an advisory guideline range may have been ■ miscalculated does not overcome petitioner’s appellate waiver; See Sotirion, 617 F.3d at 38; see also United States v. Calderon-Pacheco, 564 F.3d 55, 59 (1st Cir. 2009) (<HOLDING>). In view of the circumstances, the Court 
 Holding statements: (A) holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver (B) holding a showing of egregious facts required to vault the hurdle erected by the waiver (C) holding that the failure to provide a person with all of the information required by ors 4261001 constitutes an egregious error that justifies plain error review (D) recognizing waiver by acquiescence as a possible defense to an action for past due alimony but finding no waiver under the facts presented (E) holding that the issue of waiver requires an analysis of the specific facts in each case
answer:
holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver


question:
of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants’ Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke’s Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff’d 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b), 
 Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court  properly dismissed plaintiffs  fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect
answer:
holding that when a term is defined in the statute it need not be further alleged in the indictment


question:
& Video Corp. v. Universal Music & Video Distribution, Corp., 372 B.R. 619 (Bankr.S.D.N.Y.2007) (Gonzalez, J.) (“RMM Records 3 . In re Best Payphones, Inc., 2003 Bankr.LEX-IS 180, 2003 WL 1089525 (Bankr.S.D.N.Y. Mar. 10, 2003) (Bernstein, C.J.) (“Best Payphones "). 4 . Jones v. UNUM Life Ins. Co., 223 F.3d 130 (2d Cir.2000) (“UNUM Life ”). 5 . Ames Merchandising Corp. v. Unical Enterprises, Inc. (In re Ames Dept. Stores), 2010 Bankr.LEXIS 5115, 2010 WL 6052849 (Bankr.S.D.N.Y. Sept. 10, 2010) (Gerber, J.) (“Ames-Unical ”). 6 . See UNUM Life, 223 F.3d at 139 ("In a suit to enforce a right under ERISA, the question of whether or not to award prejudgment interest is ordinarily left to the discretion of the district court.”); Ames-Unical, 2010 Bankr.LEXIS 5115, at *3, 2010 WL 6052849, at *2 (<HOLDING>). 7 . Ames Merchandising Corp. v. Cellmark 
 Holding statements: (A) holding likewise in preference action (B) holding mothers preference for placement with nonindian adoptive parents was appropriate factor in finding good cause (C) holding that michigan wrongful death action is a derivative one in which the representative in effect stands in the shoes of the decedent and thus any substantive impediment that would have prevented the decedent from commencing suit will likewise preclude suit by the personal representative (D) holding that where there is no suggestion in the text legislative history or purpose of the flsa that congress intended to confer a nonwaivable right to a class action a plaintiffs inability to bring a class action cannot by itself suffice to defeat the strong congressional preference for an arbitral forum (E) holding that states likewise retain immunity from private suit in their own courts which congress may not abrogate by article i legislation
answer:

holding mothers preference for placement with nonindian adoptive parents was appropriate factor in finding good cause