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.

court’s credibility determinations “unless the court credited testimony that was essentially unbelievable as a matter of law,” United States v. Smith, 308 F.3d 726, 746 (7th Cir.2002). There is no clear error in the district court’s decision to credit the presentence investigation report and Officer Morrissey’s sworn testimony over the unsworn, hearsay statement of the defendant. See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) (‘When the sentence rests on testimony under oath ... it is enough that the judge believe the witness — unless the testimony is illogical or contradicted by documents or other physical evidence, making it clearly erroneous to accept the witness’s version of events.”); United States v. Krankel, 164 F.3d 1046, 1054-55 (7th Cir.1998) (<HOLDING>). Campbell directs us to no inconsistencies in 
 Holding statements: (A) holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error (B) holding that where defendant did not offer any rebuttal evidence to refute presentence report district court  was free to adopt facts in psi without further inquiry (C) holding that court may satisfy factual basis requirement by examining presentence report (D) holding that bald unsupported assertions by the defendant cannot refute presentence investigation report (E) holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report
holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error

Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them

judgment, and the hearing on the motion was set for October 18. The hearing was continued for three additional days to allow Perrotta the opportunity to review materials Farmers had produced in discovery and to question a Farmers representative about what each document was. When the hearing resumed, the court denied the motion for continuance and rendered summary judgment in favor of Farmers. A plaintiff is expected that additional time for discovery was needed to compel the production of documents Farmers had withheld based upon attorney-client privilege. Perrotta, however, did not show why the documents were material nor file a motion to compel production after being served with Farmers’s responses. See Blake v. Lewis, 886 S.W.2d 404, 409 (Tex.App.—Houston [1st Dist.] 1994, no writ) (<HOLDING>). Likewise, Perrotta claimed he needed 
 Holding statements: (A) holding that once a court has found good cause to protect material from public disclosure there is no longer any commonlaw right of access to this material and the party seeking disclosure must present sufficiently compelling reasons why the sealed discovery document should be released (B) holding that general allegations of a need for additional discovery will not suffice the person presenting such a claim must show what discovery has been obtained why it is inadequate and the what additional information he expects to obtain from additional discovery (C) holding that such information is not material under securities law (D) holding proponent of a motion for continuance should state what specific discovery is material and show why it is material (E) holding that disclosure during discovery of certain kinds of information including privileged material trade secrets attorney work product or material involving a confidential informant could constitute a material injury of an irreparable nature

holding that once a court has found good cause to protect material from public disclosure there is no longer any commonlaw right of access to this material and the party seeking disclosure must present sufficiently compelling reasons why the sealed discovery document should be released