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.

[Q]: 669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism
[A]: holding that the decision to transfer rests within the sound discretion of the district court


[Q]: to her or to the government, and some of which may be quite different than either thought possible. Teeter, 257 F.3d at 21; see also Sotirion v. United States, 617 F.3d 27, 38 (1st Cir. 2010). At the time of sentencing there was no “sentencing error”. Petitioner made a knowing and voluntary waiver of his rights, choosing the certainty of a binding plea agreement over the uncertainty of a jury trial. He cannot accept the benefit of that agreement and then repudiate it when a change in circumstances later arises. See Teeter, 257 F.3d at 21. A retroactive determination that an advisory guideline range may have been ■ miscalculated does not overcome petitioner’s appellate waiver; See Sotirion, 617 F.3d at 38; see also United States v. Calderon-Pacheco, 564 F.3d 55, 59 (1st Cir. 2009) (<HOLDING>). In view of the circumstances, the Court 
 Holding statements: (A) holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver (B) holding a showing of egregious facts required to vault the hurdle erected by the waiver (C) holding that the failure to provide a person with all of the information required by ors 4261001 constitutes an egregious error that justifies plain error review (D) recognizing waiver by acquiescence as a possible defense to an action for past due alimony but finding no waiver under the facts presented (E) holding that the issue of waiver requires an analysis of the specific facts in each case
[A]: holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver


[Q]: States v. Hernandez-Rivas, 348 F.3d 595, 598 (7th Cir.2003) (“The general rule within the Seventh Circuit is that if a party fails to file an objection with the district court, he or she ‘waives the right to appeal all issues, both factual and legal.’ ” (quoting United States v. Brown, 79 F.3d 1499, 1503 (7th Cir. 1996))). Even more, Ervin did not request an evidentiary hearing on his motion, and further accepted the government’s representations regarding Arreola’s misconduct and the government’s lack of knowledge of the misconduct. Similarly, the district court granted Zambrana’s request for an evidentiary hearing, and at that hearing he was allowed to present nine witnesses in support of his motion. The district court never attempted to limit the scope of the hear (9th Cir.2008) (<HOLDING>); Wyoming v. Livingston, 443 F.3d 1211, 1225-26 
 Holding statements: (A) holding that any error the district court may have committed at evidentiary hearing addressing ineffectiveassistanceofcounsel claim was harmless because defendant failed to show he was prejudiced by counsels alleged shortcomings (B) holding defendant did not show prejudice to support ineffective assistance of appellate counsel claim because any evidentiary error was harmless (C) recognizing that defendant must show 1 that counsels performance was deficient and 2 that counsels errors prejudiced the defense (D) holding the tenday requirement was ministerial and the defendant failed to show he was prejudiced by the delay (E) holding that the defendant did not show prejudice to support ineffective assistance of counsel because any evidentiary error was harmless
[A]:
holding defendant did not show prejudice to support ineffective assistance of appellate counsel claim because any evidentiary error was harmless