instruction:
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.
question:
by assenting to forfeiture provisions included in plea agreements. In United States v. Le, 173 F.3d 1258, 1263 (10th Cir.1999), a criminal defendant entered into a plea bargain under which he “agree[d] to forfeit and otherwise waive any ownership right he might possess in all items seized during the investigation of any of the acts alleged.” The defendant then filed a motion for the return of his property under Federal Rule of Criminal Procedure 41(e), and the district court denied the motion. Id. We affirmed the district court’s decision, observing that “[t]he district court was entirely correct in denying Le’s motion because Le ... relinquished any ownership rights he may have had in the property.” Id. at 1278. See also United States v. Grover, 119 F.3d 850, 852 (10th Cir.1997) (<HOLDING>). On appeal Mr. Montoya suggests that he should 
 Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that a rule 41e claimant relinquished any possessory claim he had to the property when he signed a forfeiture agreement at the time he entered into a plea bargain (C) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (D) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (E) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel
answer:
holding that a defendant must show reasonable probability that but for the error he would not have entered the plea


question:
are reversed with instructions that he be re-sentenced under a correctly calculated score sheet. Cooper also asserts the same argument for his 41.712-month sentence on the delivery of cocaine charge. The question, however, is whether this error is harmless because Cooper was sentenced as a habitual felony offender. While the 41.712-month sentence happened to be equal to the minimum guidelines sentence under the incorrectly calculated score sheet, the guidelines scoresheet is legally irrelevant because Cooper was habitualized. See § 775.084(4)(h), Fla. Stat. (2002)(“A sentence imposed under this section is not subject to s. 921.002 [The Criminal Punishment Code].”); Tannihill v. State, 848 So.2d 442, 444 (Fla. 4th DCA 2003); LaFleur v. State, 812 So.2d 545, 546 (Fla. 4th DCA 2002)(<HOLDING>); Kenon v. State, 780 So.2d 258, 261 (Fla. 5th 
 Holding statements: (A) holding habitual sentence rendered guidelines scoresheet irrelevant (B) holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal (C) holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal (D) holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines (E) holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range  even where the sentence imposed fell within the correct range
answer:
holding habitual sentence rendered guidelines scoresheet irrelevant


question:
whether the Bank was motivated, in whole or in part, by Strate’s association with her disabled newborn child, then summary judgment was improperly granted for the Bank. The evidence establishes that Strate gave birth to her disabled child on April 20, 2001, enrolled the child in the Bank’s group healthcare plan on April 24, 2001, and was notified that her job had been eliminated on July 2, 2001, approximately two months later. It is undisputed that Ziegler knew about the child’s disability when he made the decision to eliminate her job. On rare occasions, a close temporal connection between a protected activity and an adverse employment action may be sufficient to create an inference of retaliation. See,e.g., Bassett v. City of Minneapolis, 211 F.3d 1097, 1105-06 (8th Cir. 2000) (<HOLDING>) (citing cases). It follows that close temporal 
 Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation (C) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (D) holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation (E) holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action
answer:

holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection