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:
so complete a defense as he might reasonably have desired”), cert. denied, 513 U.S. 820, 115 S.Ct. 81, 130 L.Ed.2d 34 (1994); 2d Cir.: United States v. Lawal, 736 F.2d 5, 9-10 (1984) (applying authorities for non-constitutional error to erroneous exclusion of hearsay); 3d Cir.: United States v. Asher, 854 F.2d 1483, 1498-1500 (3d Cir.1988) (making "non-constitutional 'harmless error' determination” for erroneous exclusion of hearsay), cert. denied, 488 U.S. 1029, 109 S.Ct. 836, 102 L.Ed.2d 969 (1989); 4th Cir.: United States v. Jones, 976 F.2d 176, 184-85 (1992) (citing Kotteakos as authority for holding erroneous exclusion of hearsay was harmless), cert. denied, 508 U.S. 914, 113 S.Ct. 2351, 124 L.Ed.2d 260 (1993); 5th Cir.: United States v. Barnett, 945 F.2d 1296, 1301 n. 3 (1991) (<HOLDING>), cert. denied, 503 U.S. 941, 112 S.Ct. 1487, 
 Holding statements: (A) holding erroneous exclusion of hearsay harmless under fedrcrimp 52a (B) holding second sentence of a nearly identical exclusion did not limit the scope of the exclusion (C) holding erroneous exclusion of hearsay did not deny defendant a substantial right (D) holdingthat erroneous admission of hearsay did not prejudiceresults of trial so as to require reversal (E) holding that exclusion of hearsay statements violated due process even though statements were not admissible under mississippi law which did not recognize declarations against penal interest as a exception to the rule against hearsay
answer:
holding erroneous exclusion of hearsay harmless under fedrcrimp 52a


question:
but clear, as a matter of law, that the “military exception” applies only to the person who served in the armed forces — not his or her children. As I read Cuevas-Gaspar, no one in that case, much less the mother whose residency status was imputed, served in the United States military. The principle behind the Cuevas-Gaspar imputation rule is to avoid separating children from their permanent resident parents with whom they have resided for a significant period of time in the United States. See Cuevas-Gaspar, 430 F.3d at 1024 (“[W]e are instructed ... that our immigration statutes and regulations are replete with provisions ‘giving a high priority to the relation between permanent resident parents and their children.’ ”); see also Lepe-Guitron v. INS, 16 F.3d 1021, 1025 (9th Cir.1994) (<HOLDING>). The so-called “military exception” of 8 
 Holding statements: (A) holding that the evidence did not support a finding that the parents intentionally abandoned their child (B) recognizing fundamental right of parents to care for their children (C) recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children (D) recognizing parents fundamental liberty interest in the care custody and management of their children (E) holding in the primary case on which cuevasgaspar relied imputation of a parents residency status to a child may be justified where deportation would sever the bonds between parents and their children who had resided legally in the united states for the better part of their lives
answer:
holding that the evidence did not support a finding that the parents intentionally abandoned their child


question:
the motion court found: Movant’s counsel’s strategy was to resolve the Federal Charges before the State Court charges, so that any sentences on the State Court charges could be run concurrently with the sentences imposed on the Federal charges. Trial counsel believed that if Movant was first sentenced on the State Court charges, the subsequent federal sentences would almost certainly be run consecutive to the State Court sentences. Therefore, trial counsel’s trial strategy was to continue Movant’s State Court case [ ] to be resolved after the Federal Court case was resolved. It is not ineffective assistance of counsel to make a reasonable strategic decision designed to benefit a defendant in the sentencing proceedings. See, e.g., State v. Nunley, 923 S.W.2d 911, 923 (Mo. banc 1996) (<HOLDING>). Point denied. 2. Alleged Violation of the 
 Holding statements: (A) holding that counsel was not ineffective for failing to present mitigating evidence at sentencing because the trial record clearly indicated that the sentencing judge was aware of many of the mitigators that counsel was presenting to this court on appeal (B) holding that because appellant had waived review of constitutional challenge to sentencing statute by failing to raise it at the first opportunity the trial court correctly proceeded to examine whether the appellants trial counsel was ineffective for failing to raise constitutional challenges to the sentencing statutes (C) holding it was reasonable trial strategy for counsel to have determined that sentencing by the court was preferable to sentencing by a jury (D) holding that the constitutional level of punitive damages is not a finding of fact that must be determined by the jury it may be determined de novo by the court (E) holding that constitution protected right to counsel at sentencing even where it was waived at trial
answer:

holding that counsel was not ineffective for failing to present mitigating evidence at sentencing because the trial record clearly indicated that the sentencing judge was aware of many of the mitigators that counsel was presenting to this court on appeal