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: the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009). We will not reverse a conviction because of an erroneous instruction unless we are “left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.” Id. at 1342-43 (quotation marks omitted). We evaluate the instruction as a whole and in the context of the entire trial. United States v. Seabrooks, 839 F.3d 1326, 1333 (11th Cir. 2016), petition for cert. filed, (U.S. Feb. 16, 2017) (No. 16-8072). Challenges to jury instructions that are raised for the first time on appeal, however, are reviewed for plain error only. United States v. Madden, 733 F.3d 1314, 1322-23 (11th Cir. 2013) (<HOLDING>); United States v. Schlei, 122 F.3d 944, 973 
 Holding statements: (A) holding that the defendant bears the burden under plainerror review (B) holding that a defendant who fails to raise rule 11 error at trial has the burden to satisfy the plainerror rule (C) holding that plainerror review applies where the defendant fails to object to a constructive amendment (D) holding that plainerror review applies when a defendant fails to make a specific rule 32i3b objection based on a district courts failure to resolve a factual dispute (E) holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute

Answer: holding that the defendant bears the burden under plainerror review


Question: of other courts have concluded, outside the RICO and Clayton Act context, that "by reason of" should be read to require only "but for” rather than proximate causation. See, e.g., Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S.Ct. 2343, 2350, 174 L.Ed.2d 119 (2009) ("The words ‘because of' mean ‘by reason of: on account of.’ Thus, the ordinary meaning of the ADEA's requirement that an employer took adverse action ‘because of age is that age was the ‘reason’ that the employer decided to act. To establish a disparate-treatment claim under the plain language of the ADEA, therefore, a plaintiff must prove that age was the ‘but-for’ cause of the employer’s adverse decision.” (citations omitted) (emphasis added)); Robinson Knife Mfg. Co. v. C.I.R., 600 F.3d 121, 131-32 (2d Cir. 2010) (<HOLDING>); Spirtas Co. v. Ins. Co. of Pa., 555 F.3d 647, 
 Holding statements: (A) holding that in 26 cfr  1263ale3i the language  directly benefit or are incurred by reason of boils down to a butfor causation test (B) holding that fees incurred by debtor were not in the nature of support (C) holding in an appeal from a postanswer default judgment that third prong of craddock test required appellant to offer to reimburse appellee for legal expenses he incurred in obtaining default judgment even though most of the fees incurred had not been paid (D) holding that pursuant to the eaja courts may not award expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court (E) holding a tribe subject to 1 a tax on the use of certain highway motor vehicles 26 usc  4481a 2 a tax on diesel fuel used in highway vehicles 26 usc  4041a 3 a tax on special fuels used in motor vehicles 26 usc  4041b and 4 a tax on manufacturing in this case a truck chassis assembled by the tribe 26 usc  4061a 4218a

Answer: holding that fees incurred by debtor were not in the nature of support


Question: and was released around mid-November 2008. See Federal Bureau of Prisons, Inmate Locator. Furthermore, on September 22, 2008, Mr. Manning sought from this Court a stay of the commencement of his supervised release term, noting that he was "about to be released again to the same probation officer.” No. 08-5057, Doc. 9598259, at 3 (Order of Stay for Supervised Release, dated September 22, 2008). We denied Mr. Manning's request for a stay. If Mr. Manning has in fact been released, as we are inclined to believe under the circumstances outlined above, that portion of his appeal challenging the reasonableness of his sentence is moot. See United States v. Johnson, 529 U.S. 53, 54, 120 S.Ct. 1114, 146 L.Ed.2d 39 (2000) (<HOLDING>); United States v. Ludvigson, 262 Fed. Appx. 
 Holding statements: (A) holding that for purposes of revoking supervised release the applicable guidelines are those in effect at the time of the supervised release violations rather than those in effect at the time of initial offense (B) holding that excess prison time served by a defendant on invalidated criminal convictions cannot be credited to the supervised release period to reduce its length (C) holding that invitederror doctrine precludes defendant from challenging sentence of supervised release where defendant requested sentence of supervised release (D) holding that further supervised release may be ordered as a sentence for violation of supervised release (E) holding that a former inmates supervised release term may not be credited with undisputed excess time in prison

Answer:
holding that for purposes of revoking supervised release the applicable guidelines are those in effect at the time of the supervised release violations rather than those in effect at the time of initial offense