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: his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. § 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders’s passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225 
 Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court

Answer: holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal


Question: for a damages claim. See Williams, 216 S.W.3d at 828-29. Nor can Russell change the facts that render her remaining grounds not justiciable. As long as there is no dispute that the release between Metro and American Century is not binding on Russell, and Metro and its representatives have not been awarded and do not seek attorney fees based on section 417.003 of the Labor Code, there is no way in which Russell could re-plead her claims to confer jurisdiction on the trial court. See Bonham State Bank, 907 S.W.2d at 467; WesternGeco, L.L.C., 246 S.W.3d at 781. The trial court therefore did not err in refusing Russell an opportunity to further amend her pleadings. For the foregoing reasons, we affirm the trial court’s judgment. 1 . S rters, Inc., 372 S.W.2d 525, 530-31 (Tex.1963) (<HOLDING>); Cobb v. Harrington, 144 Tex. 360, 366, 190 
 Holding statements: (A) holding governmental immunity was not implicated in a declaratoryjudgment action seeking an interpretation of a competitive bidding statute as applied to the highway commissions policy of requiring all materials furnished under contracts be manufactured in the united states (B) holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by  14 however a portion of the action seeking compensatory damages could not be maintained (C) holding a declaratoryjudgment action was proper to construe compulsory school attendance law and did not implicate governmental immunity (D) holding governmental immunity not implicated and a declaratoryjudgment action proper to seek determination of whether plaintiffs were motor carriers for purposes of tax statute (E) recognizing the protection of preliminary governmental materials

Answer: holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by  14 however a portion of the action seeking compensatory damages could not be maintained


Question: in every case. We do understand, however, that the government was faced with a difficult situation: a district judge who is not willing to follow the sentencing guidelines, but a defendant who was guilty of a serious and despicable offense and deserves a lengthy term of imprisonment. The judgment of sentence is VACATED, and this matter is REMANDED for further proceedings before a different district judge, in accordance with this opinion. 1 . All references to the United States Sentencing Guidelines are to the 2000 version, which were the guidelines in effect when Andrews's criminal conduct took place. 2 . United States v. Milton, 147 F.3d 414, 421 (5th Cir.1998) (quoting Burns, 501 U.S. at 137, 111 S.Ct. 2182). 3 . See, e.g., United States v. Clements, 73 F.3d 1330, 1341 (5th Cir.1996) (<HOLDING>). 4 . The court noted its belief that Andrews 
 Holding statements: (A) holding that the district court violated fedrcrimp 32 by departing upward in sentence without notice and the psr identified no grounds for departure (B) holding that intention to consider an upward departure transmitted with six days notice in advance of sentencing by fax was sufficient (C) holding that district courts error was not harmless because the court relied on an improper factor in imposing an upward departure (D) holding that uncharged conduct described in psr and which was discussed by the court at sentencing was sufficient to support an upward departure under  5k221 (E) holding that the requisite notice must specifically identify the ground on which the district court is contemplating an upward departure

Answer:
holding that the district court violated fedrcrimp 32 by departing upward in sentence without notice and the psr identified no grounds for departure