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: to the section 924(c) jury instruction, we review it for plain error. See, e.g., United States v. Webster, 84 F.3d 1056, 1066 (8th Cir.1996). Although the pre-Bailey instruction was given to the jury (because Bailey had no rovide a defendant, upon their motion, any statement or report made by a government witness that relates to the subject matter of the direct testimony of that witness. 18 U.S.C. § 3500. The government need not provide the statement, however, until after the witness testifies on direct examination. 18 U.S.C. § 3500(a). 6 . The district court’s ruling was essentially a discovery matter, which we review for an abuse of discretion. See, e.g., United States v. Byrne, 83 F.3d 984, 990 (8th Cir.1996); see also United States v. Phillips, 854 F.2d 273, 278 (7th Cir.1988) (<HOLDING>). But see United States v. Monroe, 943 F.2d 
 Holding statements: (A) holding that the district court did not abuse its discretion in concluding that the fbi informants file contained no brady material not already provided to the defendant in a summary (B) holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation (C) holding that an fbi agents rough notes of an interview of the defendant were not brady material because there was no independent showing that they contained evidence that was material to the defendants guilt or innocence (D) holding a trial court did not abuse its discretion by failing to require disclosure of an informants name (E) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment

Answer: holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation


Question: we affirm. Jim’s Fifth and Sixth Amendment claims rely on the same inference from Officer Piel’s testimony. Officer Piel testified that he spoke with witnesses at the scene and included their statements in his police report. Jim claims that this testimony indicated: (1) that Officer Piel interviewed witnesses in addition to the four who testified at trial, and (2) that the additional witnesses named Jim as the aggressor in the fight. After carefully reviewing the record, we determine, contrary to Jim’s argument, that Officer Piel made no reference to statements made by any non-testifying witness. Where there is no non-testifying witness, there can be no violation of Jim’s right to confront that witness. See Crawford v. Washington, 541 U.S. 36, 51, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) (<HOLDING>). Similarly, because the record does not 
 Holding statements: (A) holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment (B) holding that the confrontation clause applies only to trials and not to sentencing hearings (C) holding that the confrontation clause applies only to testimonial hearsay (D) holding the confrontation clause applies only to testimonial statements (E) holding that the text of the confrontation clause  applies to witnesses against the accused  in other words those who bear testimony 

Answer:
holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment