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: for the district court to grant his motion to withdraw his plea. But Harvey has not challenged the district court's ultimate finding that he was competent to stand trial based on the court's consideration of the opinions of all three psychiatrists. In light of the district court's unchallenged and supported determination that Harvey was competent to stand trial (and therefore competent to plead), Harvey cannot argue that the court committed obvious error in failing to sua sponte permit him to withdraw his plea on the basis of his "marginal competence." Nor can he claim that counsel was ineffective for failing to argue Harvey's marginal competency as a reason for withdrawing the plea. Harvey's claims related to his competency therefore fail. { 18 We affirm. 1 . The court stat Cir.2008) (<HOLDING>); United States v. Pease, 240 F.3d 938, 940-42 
 Holding statements: (A) holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel (B) holding an attorneys mistaken prediction about a possible sentence does not render a defendants plea unknowing and involuntary (C) holding that a defense attorneys failure to uncover a defendants prior felony convictions and the attorneys inaccurate sentencing prediction did not render the defendants plea unknowing and involuntary because the defendant knew at the time he pleaded guilty what his sentence might be (D) holding that ineffective assistance can render a guilty plea involuntary (E) holding that an inaccurate sentencing estimate did not render a plea unknowing unintelligent or involuntary because the defendant was informed of the statutory maximum

Answer: holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel


Question: the statute.” 167 F.3d at 992 (citing Haun, 90 F.3d at 1100; United States v. Cavalier, 17 F.3d 90, 93 (5th Cir.1994); United States v. Paramo, 998 F.2d 1212, 1217-18 (3d Cir.1993)). See also United States v. Valuck, 286 F.3d 221, 226 (5th Cir.2002) (reaffirming the holding in Cavalier that “the cashing of an illegally obtained check can promote the completion of an underlying unlawful act”). The Federal Express packages at issue in the money laundering counts contained checks fraudulently obtained by IDM. A rational trier of fact could reasonably conclude that the transfer of the checks from Barbados to New York and the negotiation of those checks promoted the underlying mail fraud scheme, and that by facilitating the negotiation of the checks Bo 88831, at *2 (6th Cir. Mar. 17, 1994) (<HOLDING>); United States v. Jackson, 935 F.2d 832, 842 
 Holding statements: (A) recognizing exception to application requirement when employer does not notify employees of available promotion and does not provide formal mechanism for expressing interest in promotion (B) holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill (C) holding that promotion and concealment are alternative bases for a money laundering conviction proof of intent to accomplish either will suffice (D) holding that it is the fact of concealment and not the intent to conceal that is prohibited under 49 usc  1472f (E) holding that concealment is just one factor to consider and is not a mandatory element

Answer: recognizing exception to application requirement when employer does not notify employees of available promotion and does not provide formal mechanism for expressing interest in promotion


Question: what flows into a sewer treatment plant and what flows out of that plant and pollutes the waters of the state.... Controlling what goes into a sewer system is a practical method of controlling the final effluent. The efficiency, sufficiency, adequacy and capacity of a specified sewer treatment plant are obviously controlled and patently affected by what goes in to such plants. In such manner only, it would seem, can the legislative declaration ... assure that no contaminants are discharged into the waters without being given the degree of treatment or control necessary to prevent pollution. A.E. Staley Mfg. Co. v. EPA, 8 Ill.App.3d 1018, 290 N.E.2d 892, 894-95 (1972). Accord Armstrong Chemcon, Inc. v. The Pollution Control Board, 18 Ill.App.3d 753, 310 N.E.2d 648, 651 (1974) (<HOLDING>) The public policy of our state is similar. See 
 Holding statements: (A) recognizing the position of the ose that the rio grandes surface waters are fully appropriated and that new surface water appropriations are not allowed (B) recognizing the need for reasonable preservation of the natural environment and allowing minimum stream flow and natural lake surface level and volume appropriations on behalf of the people of the state of colorado for that purpose (C) recognizing that in the absence of a statutory definition statutory terms are construed in accordance with their ordinary or natural meaning (D) holding that waters in utah are of two classes private and public and title to public waters is in the public all are equal owners that is have coequal rights therein (E) holding that sewers were within the statutory definition of waters as being all accumulations of water surface and underground natural and artificial public and private or parts thereof which are wholly or particularly within flow through or border upon the state

Answer:
recognizing the position of the ose that the rio grandes surface waters are fully appropriated and that new surface water appropriations are not allowed