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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: defendant’s activities fall outside the FDCPA’s general provisions); Overton v. Foutty & Foutty, LLP, No. 1:07-cv0274-DFHTAB, 2007 WL 2413026, at *4 (S.D.Ind. Aug. 21, 2007) (recognizing majority position that party whose activities are limited to enforcement of security interests is not subject to all FDCPA requirements, and stating, ”[i]f a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than § 1692f(6) and § 1692i(a))[,] [b]ut if the person is also seeking additional relief, such as a personal judgment against the borrower, then the FDCPA applies.”) (collecting cases); Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ. No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *6 (D.Minn. Sept. 12, 2007) (<HOLDING>); Acosta v. Campbell, No. 6:04CV761 ORL28DAB, 
 Holding statements: (A) holding that law firm executing nonjudicial foreclosure pro ceeding was enforcing a security interest rather than collecting a debt and hence fell outside the ambit of the fdcpa except for the provisions of section 1692f6 (B) recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6 (C) holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred  is an unfair and unconscionable means of collecting the debt (D) holding that the defendants actions in filing judicial foreclosure proceeding against mortgagor amounted to debt collection activity under the fdcpa and distinguishing decisions involving pursuit of nonjudicial foreclosure proceedings under a deed of trust from those in which a defendant has pursued judicial foreclosure proceedings which included seeking judgment on a note  by filing a lawsuit in state court (E) holding that back rent is debt under the fdcpa

SOLUTION: (A)

PROBLEM: erred in denying without a hearing his claim that trial counsel were ineffective because they “were under a conflict of interest in this case because counsels’ interest in spending the minimum amount of time on a case for which they were receiving no money conflicted with [Movant’s] desire that his case be fully litigated and investigated.... ” The State counters that the trial court did not clearly err in denying this claim because Movant failed to plead facts not refuted by the record demonstrating an actual conflict. To prevail on a claim of ineffective assistance of counsel based on a conflict of interest, a movant must show that an actual conflict of interest adversely affected counsel’s performance. Conger v. State, 356 S.W.3d 217, 221 (Mo.App.E.D. 2011) (quotation omitted) (<HOLDING>). “In order to prove a conflict of interest, 
 Holding statements: (A) holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty  and threatened him if he did not take the plea (B) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (C) holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims (D) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (E) holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial

SOLUTION: (E)

PROBLEM: from the Guidelines range. Gall, 128 S.Ct. at 597; see also 18 U.S.C. § 3553(c) (requiring the sentencing court to state its reasons for imposing a sentence outside of the Guidelines). As indicated above, Mr. Johnson argues that his sentence is proeedurally unreasonable because: (1) the probation officer’s extrapolation was flawed and should not have been considered in determining the sentence; (2) he did not receive notice of the probation officer’s extrapolation memorandum ; and (3) the district judge did not adequately explain his reasons for imposing the 8 year sentence. However, it is undisputed that Mr. Johnson never raised these arguments in the district court. Therefore, we review them for plain error. See United States v. Romero, 491 F.3d 1173, 1176-77 (10th Cir.2007) (<HOLDING>); United States v. Atencio, 476 F.3d 1099, 
 Holding statements: (A) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (B) holding that plain error review is used for unpreserved challenges to the method by which the district court arrived at a sentence including arguments that the sentencing court failed to explain adequately the sentence imposed under the statutory factors in  3553a (C) holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable (D) holding statutory error harmless where district court imposed the highest available sentence under guidelines range and considered sentencing to the statutory maximum (E) holding that sentence is reasonable when the district court properly addresses sentencing factors of  3553a

SOLUTION:
(B)