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.

Input: Consider Input: to the section 924(c) jury instruction, we review it for plain error. See, e.g., United States v. Webster, 84 F.3d 1056, 1066 (8th Cir.1996). Although the pre-Bailey instruction was given to the jury (because Bailey had no rovide a defendant, upon their motion, any statement or report made by a government witness that relates to the subject matter of the direct testimony of that witness. 18 U.S.C. § 3500. The government need not provide the statement, however, until after the witness testifies on direct examination. 18 U.S.C. § 3500(a). 6 . The district court’s ruling was essentially a discovery matter, which we review for an abuse of discretion. See, e.g., United States v. Byrne, 83 F.3d 984, 990 (8th Cir.1996); see also United States v. Phillips, 854 F.2d 273, 278 (7th Cir.1988) (<HOLDING>). But see United States v. Monroe, 943 F.2d 
 Holding statements: (A) holding that the district court did not abuse its discretion in concluding that the fbi informants file contained no brady material not already provided to the defendant in a summary (B) holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation (C) holding that an fbi agents rough notes of an interview of the defendant were not brady material because there was no independent showing that they contained evidence that was material to the defendants guilt or innocence (D) holding a trial court did not abuse its discretion by failing to require disclosure of an informants name (E) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment

Output: holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation


Input: Consider Input: challenge to the amount of refund awarded by DOE to a third-party claimant even though they failed to intervene while DOE was deciding the third-party claimant’s award”). Persistent, the defendant analogizes the instant APA claim with that denied in Brooks v. Snow, 313 F.Supp.2d 654 (S.D.Tex.2004). There, the plaintiffs sought a declaration from the court that Treasury Regulation 26 C.F.R. § 301.722-1 (listing the grounds authorizing the IRS to settle a tax case) was inconsistent with congressional intent, because the regulation omitted delays caused by the IRS in determining tax liability. Id. at 658-59. The court dismissed their complaint, explaining that they had not “allege[d] they ever submitted any offers-in-compromise and, therefore, they have not upp. 239, 255 (Ct.Cl. 1947) (<HOLDING>). Second, and most crucially, this plaintiff 
 Holding statements: (A) holding that a refund may include additional taxes paid after the filing of a refund claim so long as the total does not exceed the portion of tax paid prior to the administrative claim (B) holding under section 7422a that the district court lacked jurisdiction over a taxpayers refund claim because the taxpayer failed to file a refund claim before the statute of limitations had run (C) holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted (D) holding that a taxpayer only has a refund right after the irs has credited the refund to other underpaid taxes therefore the refund was not part of the bankruptcy estate (E) holding that a subsequent refund request on reassessed taxes was unnecessary as the government already had notice of the plaintiffs claim

Output: holding that a refund may include additional taxes paid after the filing of a refund claim so long as the total does not exceed the portion of tax paid prior to the administrative claim


Input: Consider Input: that possession of the following depictions violates § 1466A(b)(1): Prosecution Exhibits 26, 27, 28, 30, 34, 40, 54, 55, 77, 90, 106, 120, 121, 122, 123, 132, 143, 149, 154, 156, 157, 183, 184, 206, 277, 285, 316, 319, 326, and 335. 4 . Contrary to the military judge's special findings of Specification 3 of The Charge, we are not convinced beyond a reasonable doubt that possession of the depiction in Prosecution Exhibit 13 violates § 1466A(b)(1). 5 . Appellant does not contend that § 1466A(b)(1) is facially unconstitutional. This subsection is neither vague nor overbroad because it explicitly requires the offending material meet the Miller definition of constitutionally unprotected obscenity. See United States v. Williams, 553 U.S. 285, 293, 297, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008) 
 Holding statements: (A) holding that declaring statute facially unconstitutional deprives trial court of subjectmatter jurisdiction (B) holding that person challenging statute as facially vague must show that the challenged law is unconstitutional in every possible application (C) holding texas flagdesecration statute facially unconstitutional (D) holding section 61132b2c facially unconstitutional (E) holding that a statute whose definitions precisely track the material held constitutionally proscribable in ferber and miller was not facially unconstitutional


Output: holding that declaring statute facially unconstitutional deprives trial court of subjectmatter jurisdiction