TASK DEFINITION: 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.
PROBLEM: court’s credibility determinations “unless the court credited testimony that was essentially unbelievable as a matter of law,” United States v. Smith, 308 F.3d 726, 746 (7th Cir.2002). There is no clear error in the district court’s decision to credit the presentence investigation report and Officer Morrissey’s sworn testimony over the unsworn, hearsay statement of the defendant. See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) (‘When the sentence rests on testimony under oath ... it is enough that the judge believe the witness — unless the testimony is illogical or contradicted by documents or other physical evidence, making it clearly erroneous to accept the witness’s version of events.”); United States v. Krankel, 164 F.3d 1046, 1054-55 (7th Cir.1998) (<HOLDING>). Campbell directs us to no inconsistencies in 
 Holding statements: (A) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (B) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (C) holding that court may satisfy factual basis requirement by examining presentence report (D) holding that bald unsupported assertions by the defendant cannot refute presentence investigation report (E) holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

SOLUTION: holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error

PROBLEM: where the-plaintiff seeks to subject private parties to § 1983 liability by bestowing on them the title of state actors. The instant case does not involve a situation where the State has “ ‘so far insinuated itself into a position of interdependence with the [private party] that it was a joint participant in the enterprise.’ ” Harvey, 949 F.2d at 1131 (quoting NBC ¶. Communications Workers of Am., AFL-CIO, 860 F.2d 1022, 1026 (11th Cir.1988) (citation omitted)). The Eleventh Circuit in Harvey, confronting facts similar to the case at bar and the issue of whether involuntary commitment by private parties may be considered state action, found an insufficient nexus between the defendants, a private hospital and private physicians, and the State. See id.; see also Rockwell, 26 F.3d at 258 (<HOLDING>). The court observed that “[b]oth the Supreme 
 Holding statements: (A) holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test (B) holding that massachusetts statute did not create a sufficiently close nexus between private hospital and the state to warrant labeling private actors state actors (C) holding that foster parents are not state actors (D) holding private actors are not acting under the color of state law for the purposes of section 1983 liability (E) holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action

SOLUTION: holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test

PROBLEM: is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.”) (quoting United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 2077, 109 L.Ed.2d 720 (1990)). In addition, procedural defects in a judge’s qualifications do not affect the fairness of the proceedings. See Bowen, 283 Cal.Rptr. at 39 (stating that the issue of whether the judge met county residency requirement was “wholly removed from the question of [the defendant’s] guilt or innocence or the fairness of the trial.”). Furthermore, the de facto judge doctrine pro- tects third parties and the public in their dealings with the judicia P.2d 801, 805, 808 (1954) (<HOLDING>). Here, Judge Schulz was appointed as a judge 
 Holding statements: (A) holding that where a judge pro tempore is in actual possession of the office and discharging its duties he or she acts under color of title and is a judge de facto (B) recognizing the range of discretion of the trial judge (C) holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal (D) holding that the appointment of a pro tempore judge vests in him or her the powers of a judge of the   court during the period specified in the assignment (E) holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void

SOLUTION:
holding that where a judge pro tempore is in actual possession of the office and discharging its duties he or she acts under color of title and is a judge de facto