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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: magistrate judge denied the motion, explaining that Mr. Schueller’s subjective perceptions did not demonstrate judicial bias and his claims were not based on any extrajudicial source to support a bias or partiality challenge. We generally review the denial of a recusal motion for abuse of discretion. ClearOne Comm’cns, Inc. v. Bowers, 651 F.3d 1200, 1217 (10th Cir.2011). For the reasons stated in the magistrate judge’s order denying recusal, we determine that recusal was not warranted and we find no abuse of discretion in the denial of the motion to recuse. To the extent Mr. Schueller now claims that the district judge was biased against him, he did not raise this issue to the district court, so we do not address it. See Koch v. Koch Indus., Inc., 203 F.3d 1202, 1239 (10th Cir.2000) (<HOLDING>). III. CONCLUSION Wells Fargo’s motion for 
 Holding statements: (A) holding plaintiffs waived their bias argument on appeal because they failed to timely move for disqualification (B) holding that the defendant waived argument on appeal by failing to develop a cogent argument (C) holding that party waived argument by failing to brief it on appeal (D) holding argument not asserted before district court is waived on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

SOLUTION: (A)

PROBLEM: I. Jurisdiction The Court of Federal Claims has “jurisdiction to render judgment on an action by an interested party objecting to ... a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement,” 28 U.S.C. § 1491(b)(1) (2012). A party is an “interested party” with standing to bring suit under 28 U.S.C. § 1491(b)(1) if the party “is an ’ actual or prospective bidder whose direct economic interest would be affected by the award of the contract.” Orion Tech., Inc. v. United States, 704 F.3d 1344, 1348 (Fed.Cir.2013). A bidder has a direct economic interest if it suffered a competitive injury or prejudice. Myers Investigative & Sec. Servs., Inc. v. United States, 275 F.3d 1366, 1370 (Fed.Cir.2002) (<HOLDING>). In a post-award bid protest, the protestor 
 Holding statements: (A) holding that prejudice or injury is a necessary element of standing (B) recognizing that allegation of state action is a necessary element of a  1983 claim (C) holding that an assertion of prejudice is not a showing of prejudice (D) holding that actual prejudice is not a necessary element of an insurers untimely notice defense (E) holding that an antitrust injury is a necessary element of a  2 claim

SOLUTION: (A)

PROBLEM: the jury verdict or admitted by the defendant.” Blakely, 124 S.Ct. at 2537. Butler argues that his “Sixth Amendment right to a jury trial was violated when the court used drug amounts and U.S.S.G. § 4Al.l(d) to enhance his sentence.” He also takes issue with the application of the career offender enhancement under U.S.S.G. § 4B1.1, which is based on his prior convictions. However, as explained supra, the jury specifically found the drug amounts beyond a reasonable doubt, and prior convictions need not be proven to a jury beyond a reasonable doubt under the Apprendi line of cases, even if they increase the minimum sentence applicable to a defendant. See Book er, 125 S.Ct. at 756; Blakely, 124 S.Ct. at 2537. Moreover, Butler admitted his previous drug felony convictions at trial. Cf. id. (<HOLDING>). Regardless, Butler’s Sixth Amendment argument 
 Holding statements: (A) holding that if sentence does not exceed maximum authorized by facts admitted by defendant or found by jury there is no sixth amendment violation (B) holding that an upward departure based on judges finding of deliberate cruelty violated the sixth amendment when the facts supporting that finding were neither admitted by defendant nor found by a jury (C) holding that sixth amendment not violated when sentence enhanced based on prior convictions that were not charged in indictment or admitted by defendant (D) holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted (E) holding that this court reviews a booker issue de novo where the defendant objected in the district court to sentence enhancements based on facts not found by a jury nor admitted by the defendant

SOLUTION:
(B)