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 statute.” 167 F.3d at 992 (citing Haun, 90 F.3d at 1100; United States v. Cavalier, 17 F.3d 90, 93 (5th Cir.1994); United States v. Paramo, 998 F.2d 1212, 1217-18 (3d Cir.1993)). See also United States v. Valuck, 286 F.3d 221, 226 (5th Cir.2002) (reaffirming the holding in Cavalier that “the cashing of an illegally obtained check can promote the completion of an underlying unlawful act”). The Federal Express packages at issue in the money laundering counts contained checks fraudulently obtained by IDM. A rational trier of fact could reasonably conclude that the transfer of the checks from Barbados to New York and the negotiation of those checks promoted the underlying mail fraud scheme, and that by facilitating the negotiation of the checks Bo 88831, at *2 (6th Cir. Mar. 17, 1994) (<HOLDING>); United States v. Jackson, 935 F.2d 832, 842 
 Holding statements: (A) recognizing exception to application requirement when employer does not notify employees of available promotion and does not provide formal mechanism for expressing interest in promotion (B) holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill (C) holding that promotion and concealment are alternative bases for a money laundering conviction proof of intent to accomplish either will suffice (D) holding that it is the fact of concealment and not the intent to conceal that is prohibited under 49 usc  1472f (E) holding that concealment is just one factor to consider and is not a mandatory element

Answer: recognizing exception to application requirement when employer does not notify employees of available promotion and does not provide formal mechanism for expressing interest in promotion


Question: advised the defendant of his Miranda rights and the defendant subsequently gave a statement. Id. 476. The court held that the detective’s statements at the jail cell did not constitute interrogation. Id. at 479-480. The court further determined that the defendant, by stating that he wanted to tell his side of the story, “ ‘initiated’ further conversation in the ordinary dictionary sense of that word.” Id. at 480. Similarly, in Bunch v Thompson, 949 F2d 1354, 1361 (CA 4, 1991), the court held that a defendant’s statement was not the product of “police-initiated interrogation” where it followed an inquiry that “amounted to nothing more than an effort to ascertain if Bunch had changed his mind about wanting an attorney.” See also McCall v State, 501 So 2d 496, 500 (Ala Crim App, 1986) (<HOLDING>); State v Acquin, 187 Conn 647, 669-670; 448 
 Holding statements: (A) holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime (B) holding that although interrogation may not continue after a suspect has requested counsel the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney (C) holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation (D) holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity (E) holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation

Answer: holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime


Question: Frierson must show that (i) Lieman’s performance was deficient, and (ii) this deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To satisfy the performance prong, Frierson must show that Lieman’s performance “fell below an objective standard of reasonableness.” Id. at 688, 104 S.Ct. 2052; United States v. Fry, 322 F.3d 1198, 1200 (9th Cir.2003). To satisfy the prejudice prong, Frierson must show that “there is a reasonable probability that, but for [Liema counsel is on notice that important mitigation evidence exists, a failure to uncover and present such evidence at the penalty phase represents ineffective assistance of counsel. Wiggins v. Smith, 539 U.S. 510, 525, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003) (<HOLDING>). Lieman’s deficient performance is readily 
 Holding statements: (A) holding that a defendant alleging ineffective assistance must demonstrate that their counsels performance both fell below an objective standard of reasonableness and prejudiced the defense (B) holding counsels failure to prepare a social history report fell below professional standards where counsel was on notice of severe family dysfunction (C) holding that where counsels decision in leading the court into error falls below the standard of reasonable professional practice we may find that counsel was ineffective (D) holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy (E) holding that the trial counsels performance was constitutionally deficient where counsel made a limited investigation into the petitioners background did not prepare a social history of the petitioner and was not aware that he had been sexually abused and raped as a child

Answer:
holding that a defendant alleging ineffective assistance must demonstrate that their counsels performance both fell below an objective standard of reasonableness and prejudiced the defense