TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver

PROBLEM: method (under § 3663) in favor of an incorrect method (under § 1593), the district court erred. Moreover, we hold that the district court’s error was “plain,” because the statutes are clear and because the government openly admitted that its proposed methodology derived from the wrong restitution statute. See United States v. Tuyet Thi-Bach Nguyen, 565 F.3d 668, 677 (9th Cir.2009) (“An error is plain when it is ‘clear’ or ‘obvious’ under the law.”). Finally, we hold that the error affected Defendants’ substantial rights and affected the fairness, integrity, or public reputation of the judicial proceedings. The government did not present evidence — and the district court did not make findings — of the victims’ actual losses, as required by § 3663. See Bussell, 504 F.3d at 964 (<HOLDING>); United States v. Joyner, 201 F.3d 61, 81 (2d 
 Holding statements: (A) holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses (B) holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted (C) holding that under the restitution provision of the supervised release statute 18 usc  3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction (D) holding that the amount of restitution is limited to the victims actual losses  (E) holding that restitution in the full amount of each victims losses does not exceed the statutory maximum

SOLUTION: holding that restitution is proper under  2259 only to the extent the defendants offense proximately caused a victims losses

PROBLEM: believe violation of statute had occurred). Sosa has produced relevant evidence of one misstatement and one omission. First, Sosa argues that Hames misstated the location of Accion’s business records because he knew the documents were kept at the business location and not at Sosa’s residence. According to the Affidavit, Sosa told Officer Reyes the business records were being kept at Sosa’s residence. (See Oct. 4, 2004 Aff. for Search Warrant at 2). Although Sosa maintains he did not make any such statements to Officer Reyes, Hames was entitled rely upon statements made to him by another officer in drafting the Affidavit, even if it is ultimately discovered that Officer Reyes misstated the evidence. See Rugendorf v. United States, 376 U.S. 528, 533, 84 S.Ct. 825, 11 L.Ed.2d 887 (1964) (<HOLDING>); United States v. Ventresca, 380 U.S. 102, 
 Holding statements: (A) holding that a statement that the affiant is senior vicepresident and secretary of a corporation asserting a special appearance is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the corporations contacts with texas (B) holding that a statement that the affiant is president of the company asserting a claim on an account is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the account (C) holding allegation that false affidavit was basis for arrest warrant is sufficient to state  1983 fourth amendment claim against affiant officer (D) holding warrant not undermined and affiant did not act in bad faith where affiant relied upon erroneous statements made by third party (E) holding that a trial court had implicitly found that an affiant lacked credibility even where the affidavit testimony was uncontroverted

SOLUTION:
holding that a statement that the affiant is senior vicepresident and secretary of a corporation asserting a special appearance is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the corporations contacts with texas