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.
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Question: other than delay. The same is true of Mr. Leland’s contention that he was not adequately kept informed by his attorney as the case progressed, that Mr. Largay failed to undertake requested actions, and that he relied too heavily on the prospect of a dramatic change in the legal landscape following Blakely up to Booker. But, there is no factual specificity to any of these arguments. Mr. Leland nowhere suggests what an evidentiary hearing would reveal to justify the relief he has requested. If the § 2255 petitioner wishes an evidentiary hearing, he must at a minimum present a plausible basis to conclude that the evidence would lead to a different result. Here, Mr. Leland has asserted no factual basis for such a conclusion. Cf. Owens v. United States, 483 F.3d 48, 61 (1st Cir.2007) (<HOLDING>). The Court concurs with the Magistrate Judge’s 
 Holding statements: (A) holding that district court was not required to hold an evidentiary hearing based on  2255 petitioners mere eonclusory allegations in his affidavit (B) holding that the district court abused its discretion in refusing to hold an evidentiary hearing because the petitioners allegations were not implausible and a final determination of the merits of petitioners claim would be best served by greater development of the facts many of which the government disputes (C) holding that review under  2254d1 is limited to the record before the state court that adjudicated the claim on the merits rejecting the petitioners claim that the federal habeas court could consider evidence introduced in an evidentiary hearing (D) holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court (E) holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim

Answer: (B)


Question: 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

Answer: (E)


Question: acted in conscious disregard of that risk. See Marshall v. Sam Dell’s Dodge Corp., 451 F.Supp. 294, 301 (N.D.N.Y.1978) (“The defendants’ practice of knowingly maintaining inaccurate time records which greatly understated the number of hours worked by their sales personnel permits only one conclusion; i.e. the violations of the Act were willful.”). We conclude, however, that any error in the court’s ruling was harmless. Federal Rule of Civil Procedure 61 provides that “[n]o error in the admission or exclusion of evidence and no error or defect in any ruling ... is ground for ... disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice.” Fed.R.Civ.P. 61; see also Gandy v. Sullivan County, 24 F.3d 861, 866 (6th Cir.1994) (<HOLDING>). “Plainly Rule 61 teaches that the proceedings 
 Holding statements: (A) holding exclusion was harmless error (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that judges comments to jury during equal pay act trial were harmless error (D) holding that any error was harmless and thus not plain error (E) holding that to establish a prima facie equal pay act claim the plaintiff must show that the jobs being compared are substantially equal

Answer:
(C)