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: to facilitate William’s pick ups and returns of the children. The record reflects that Lacey, out of distrust, often would record her interactions with William. William admitted that he routinely avoids interaction with Lacey unless necessary. After reviewing the record under the applicable standard of review, we conclude the trial court did not abuse its discretion in determining that the circumstances of the children or a conservator have materially and substantially changed since rendition of the divorce decree and that it is in the children’s best interests to modify the decree to give Lacey the exclusive right to consent to psychiatric and psychological treatment of the children. See Swaab v. Swaab, 282 S.W.3d 519, 534 (Tex.App.-Houston [14th Dist.] 2008, pet. dism’d w.o.j.) (<HOLDING>); Baltzer, 240 S.W.3d at 477 (holding that 
 Holding statements: (A) holding that trial court did not abuse its discretion by granting such a temporary injunction (B) holding that the trial court did not abuse its discretion in granting mother the exclusive right to consent to all psychiatric and psychological treatment of the child (C) holding district court did not abuse its discretion in not granting plaintiffs leave to amend complaint for a third time (D) holding trial court did not abuse its discretion in finding violation was willful and substantial (E) holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child

Answer: holding that trial court did not abuse its discretion by granting such a temporary injunction


Question: hours and hourly rates.... [And fee counsel must supply] the court with specific and detailed evidence from which the court can determine the reasonable hourly rate.” Norman v. Hous. Auth., 836 F.2d 1292, 1303 (11th Cir.1988). At a minimum, the party seeking attorney’s fees must produce more than an affidavit from the attorney performing the work. Id. at 1299. Aetna fell short of meeting this burden. However, we have held that “[w]here documentation is inadequate, the district court is not relieved of its obligation to award a reasonable fee ... the district court traditionally has had the power to make such an award without the need of further pleadings or an evidentiary hearing.” Id. at 1303; see also Thompson v. Pharmacy Corp. of Am., 334 F.3d 1242, 1246 (11th Cir.2003) (per curiam) (<HOLDING>). Thus, the district court should have given 
 Holding statements: (A) holding that lower courts application of a some effort standard was an abuse of discretion (B) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (C) holding the district courts conclusion that the attorney should receive no compensation was an abuse of discretion because we are confident that some legitimate time was expended by the attorney (D) holding that where an attorney serves as trustee and attorney for the trustee in a bankruptcy proceeding the attorney must distinguish time spent in each role (E) holding that under the extraordinary circumstances found by the district court it was not an abuse of discretion to order that defendants be permitted to take depositions of the witnesses in the presence of their attorney and the governments counsel

Answer:
holding that lower courts application of a some effort standard was an abuse of discretion