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.

[EX Q]: CURIAM: Michael Disch appeals his convictions for mailing threatening communication, in violation of 18 U.S.C. § 876(c), and making false statements to an FBI agent, in violation of 18 U.S.C. § 1001. Disch argues that the district court judge was required to recuse himself sua sponte under 28 U.S.C. § 455(a) and § 455(b). Ordinarily, we review a judge’s decision not to recuse himself under § 455(a) and § 455(b) for an abuse of discretion. United States v. Bailey, 175 F.3d 966, 968 (11th Cir.1999); see also Parker v. Connors Steel Co., 855 F.2d 1510, 1527-28 (11th Cir.1988) (<HOLDING>). However, when a defendant fails to seek 
 Holding statements: (A) holding that a confrontation clause violation constituted harmless error (B) holding that a  455b violation is subject to harmless error review (C) holding that violation of rule 16 in that case was not harmless error (D) holding that confrontation clause violations are subject to harmless error review (E) holding that the omission of an element is subject to harmless error analysis
[EX A]: holding that a confrontation clause violation constituted harmless error

[EX Q]: motion at which Pritchett would be represented by counsel or at which the court would determine that Pritchett knowingly, intelligently, and voluntarily waived his right to counsel. Ex parte Pritchett, 117 So.3d at 362. In the instant case, the circuit court immediately appointed new counsel to represent Trimble after Trimble gave his oral notice of appeal. Despite having newly appointed counsel who could file a motion for a new trial attacking his trial counsel’s alleged deficiencies, Trimble elected to file a pro se motion for a new trial. Therefore, unlike the defendant in Pritchett, Trimble had the benefit of newly appointed appellate counsel who represented him and who could file a motion for a new trial on his behalf. See King v. State, 613 So.2d 888 (Ala.Crim.App.1993) 
 Holding statements: (A) holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage (B) holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver (C) holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel (D) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (E) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel
[EX A]: holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage

[EX Q]: understanding that the “EAJA is a partial waiver of sovereign immunity, and it must be strictly construed in the government’s favor.” Tex. Food Indus. Ass’n v. USDA, 81 F.3d 578, 580 (5th Cir.1996) (citation omitted). B. Analysis 1. Murkeldove and the Vinning Plaintiffs “incurred” attorney’s fees as contemplated by the EAJA. In order to receive an award of attorney’s fees pursuant to the EAJA: (1) the claimant must be a “prevailing party,” (2) the claimant must “incur” attorney’s fees, (3) the government’s position must not have been “substantially justified,” and (4) “special circumstances” cannot render an award of fees unjust. 28 U.S.C. § 2412(d)(1)(A). The district court acknowledged that Murkeldove and each of the Vinning Plaintiffs is a “prevailing party” fo 1583 (Fed.Cir.1991) (<HOLDING>)). Against this framework, we examined cases 
 Holding statements: (A) holding that incurred within the meaning of the eaja requires an express or implied arrangement that the fee will be paid over to a legal representative (B) holding that attorney fees are incurred only when there is an express or implied agreement that the fee award will be paid over to the legal representative (C) holding that a cause of action based on eaja will be deemed to have survived the death of the aggrieved party and  the personal representative of the deceased partys estate or any other appropriate person may be substituted as the prevailing party to whom payment of an eaja award may be made (D) holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied (E) holding that the prosecution of an equitable adjustment claim before a contracting officer was not a civil action within the meaning of the eaja
[EX A]:
holding that attorney fees are incurred only when there is an express or implied agreement that the fee award will be paid over to the legal representative