instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
other than delay. The same is true of Mr. Leland’s contention that he was not adequately kept informed by his attorney as the case progressed, that Mr. Largay failed to undertake requested actions, and that he relied too heavily on the prospect of a dramatic change in the legal landscape following Blakely up to Booker. But, there is no factual specificity to any of these arguments. Mr. Leland nowhere suggests what an evidentiary hearing would reveal to justify the relief he has requested. If the § 2255 petitioner wishes an evidentiary hearing, he must at a minimum present a plausible basis to conclude that the evidence would lead to a different result. Here, Mr. Leland has asserted no factual basis for such a conclusion. Cf. Owens v. United States, 483 F.3d 48, 61 (1st Cir.2007) (<HOLDING>). The Court concurs with the Magistrate Judge’s 
 Holding statements: (A) holding that district court was not required to hold an evidentiary hearing based on  2255 petitioners mere eonclusory allegations in his affidavit (B) holding that the district court abused its discretion in refusing to hold an evidentiary hearing because the petitioners allegations were not implausible and a final determination of the merits of petitioners claim would be best served by greater development of the facts many of which the government disputes (C) holding that review under  2254d1 is limited to the record before the state court that adjudicated the claim on the merits rejecting the petitioners claim that the federal habeas court could consider evidence introduced in an evidentiary hearing (D) holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court (E) holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim
answer:
(B)


question:
Jones v. Wilson (In re Wilson), 72 B.R. 956 (Bankr. M.D.Fla.1987); McCullough v. Suter (In re Suter), 59 B.R. 944 (Bankr.N.D.Ill.1986). Palmer argues that the BAP erred in distinguishing among the various subsections of section 523 on the issue of the discharge of punitive damages. He notes that courts have found that punitive damages are nondischargeable under section 523(a)(4), which bars discharge of debts “for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny,” 11 U.S.C. § 523(a)(4), and under section 523(a)(6), which bars discharge of debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” 11 U.S.C. § 523(a)(6). See, e.g., Klemens v. Wallace (In re Wallace), 840 F.2d 762 (10th Cir.1988) (<HOLDING>); Moraes v. Adams (In re Adams), 761 F.2d 1422, 
 Holding statements: (A) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (B) holding that punitive damages are not fines (C) holding punitive damages nondischargeable under  523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment (D) holding without discussion of the punitive damages issue that both actual and punitive portions of judgment for defalcation while acting in a fiduciary capacity were nondischargeable (E) holding a court may not award punitive damages
answer:
(A)


question:
See Grandberry, 730 F.3d at 976. However, because we have determined that the police’s initial entry and search were unconstitutional, the government has the burden of demonstrating that the evidence obtained during the parole search was not fatally flawed as fruit of the poisonous tree. Alderman v. United States, 394 U.S. 165, 183, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969). There are two exceptions to the fruit of the poisonous tree doctrine under which the evidence might be admissible: (1) the ‘inevitable discovery’ exception, and (2) the ‘attenuated basis exception.’ See United States v. Smith, 155 F.3d 1051, 1060 (9th Cir.1998) (quoting United States v. Ramirez-Sandoval, 872 F.2d 1392, 1396 (9th Cir.1989)). These exceptions, while distinct, “converge to an extent, 9th Cir.1998) (<HOLDING>). Applying the attenuated basis and inevitable 
 Holding statements: (A) holding that evidence supported finding of constructive possession of concealed narcotics in part because narcotics paraphernalia was found in residence (B) recognizing that jurors have the right to reject that part of the evidence believed by them to be untrue and to accept that found by them to be true (C) holding that alleged statements to thirdparties did not substantiate a hostile work environment claim where there was insufficient information as to when the statements were made how knowledge of them was acquired and when the plaintiff was informed of them if she was (D) holding that the defendants unconstitutionally obtained statements to the police telling them that narcotics were located in the hood of his truck did not render the narcotics inadmissible because the police were trained to look under the hoods of vehicles when searching for drugs and therefore would have found them even had the defendant not directed them to look under the hood (E) holding that the defendants sentences were properly enhanced under  3a12b because they assaulted an officer employed by the mississippi bureau of narcotics and during the assault made statements including they are the police lets kill them
answer:

(D)