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: by assenting to forfeiture provisions included in plea agreements. In United States v. Le, 173 F.3d 1258, 1263 (10th Cir.1999), a criminal defendant entered into a plea bargain under which he “agree[d] to forfeit and otherwise waive any ownership right he might possess in all items seized during the investigation of any of the acts alleged.” The defendant then filed a motion for the return of his property under Federal Rule of Criminal Procedure 41(e), and the district court denied the motion. Id. We affirmed the district court’s decision, observing that “[t]he district court was entirely correct in denying Le’s motion because Le ... relinquished any ownership rights he may have had in the property.” Id. at 1278. See also United States v. Grover, 119 F.3d 850, 852 (10th Cir.1997) (<HOLDING>). On appeal Mr. Montoya suggests that he should 
 Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that a rule 41e claimant relinquished any possessory claim he had to the property when he signed a forfeiture agreement at the time he entered into a plea bargain (C) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (D) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (E) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel

Answer: holding that a defendant must show reasonable probability that but for the error he would not have entered the plea


Question: from disciplining him for absenteeism prior to May of 2007. Sánchez contends that AT & T’s offer of other positions was not reasonable because those positions offered lower compensation. He also contends that the offer of shift-swapping was not reasonable because AT & T did not provide the sched ules of other employees, as it had promised. However, we need not decide whether either of these accommodations was reasonable in isolation, because they were not offered in isolation — rather, they were offered as part of a series of attempts by AT & T to accommodate Sánchez. Many courts have found similar accommodations or combinations of accommodations to be reasonable under Title VII. See, e.g., Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 77-78, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977) (<HOLDING>); Morrissette-Brown v. Mobile Infirmary Med. 
 Holding statements: (A) holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits (B) holding that employer reasonably accommodated seventh day adventist employee by inter alia agreeing to permit any shift exchanges that employee could arrange on his own (C) holding that employers must when appropriate accommodate a disabled employee by reassignment to a vacant position if employee cannot be accommodated in existing job (D) holding that a seniority and absenteeism system itself provided reasonable accommodation to a seventh day adventist employees religious needs (E) holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury

Answer: holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits


Question: communication with a juror or the jury from an outside source that presents a likelihood of affecting the verdict”); United States v. Pennell, 737 F.2d 521, 532 (6th Cir.1984) (observing that “Remmer ... controls the question of how the district court should proceed where ... allegations [of potential jury partiality] are made, i.e., a hearing must be held during which the defendant is entitled to be heard”). Here, after individually interviewing each juror and alternate juror, the district court learned that most had indeed heard the reported “racist redneck” comment. The court thus should have provided Taylor a meaningful opportunity to prove actual bias. Because the court denied Taylor’s request for a Remmer hearing, it abused its discretion. See Herndon, 156 F.3d at 637 (<HOLDING>); see also Turner v. Murray, 476 U.S. 28, 
 Holding statements: (A) holding that the defendant by not bringing his knowledge of possible juror bias to the attention of the district court prior to verdict waived his right to a new trial (B) recognizing district court application of the same rule (C) recognizing discretion of district court in determining a fee award (D) holding that preservation for review requires a fair ruling or decision by the district court in order to provide the lower court with an opportunity to correct any mistake give the opposing party an opportunity to demonstrate why the district court should rule in its favor and create a record which enables this court to make informed decisions (E) holding that although this court affords broad discretion to the district court in determining the type of investigation necessary to determine juror bias the district court must provide the defendant a meaningful opportunity to prove the same

Answer:
holding that the defendant by not bringing his knowledge of possible juror bias to the attention of the district court prior to verdict waived his right to a new trial