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: 2009) (citations omitted) (quoting Impresa Construzioni Geom. Domenico Garufi, 238 F.3d at 1332-33); accord Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1058 (Fed. Cir. 2000) (“The arbitrary and capricious standard ... requires a reviewing court to sustain an agency action evincing rational reasoning and consideration of relevant factors.”); see also Citizens to Preserve Overton Park, Inc., 401 U.S. at 416, 91 S.Ct. 814 (“The court is not empowered to substitute its judgment for that of the agency.”). In addition to showing “a significant error in the procurement process,” a protestor must show “that the error prejudiced it.” Data Gen. Corp. v. Johnson, 78 F.3d 1556, 1562 (Fed. Cir. 1996); see also Bannum, Inc. v. United States, 404 F.3d 1346, 1351 (Fed. Cir. 2005) (<HOLDING>). “To establish prejudice ..., a protester must 
 Holding statements: (A) holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure (B) holding that if the procuring agencys decision lacked a rational basis or was made in violation of the applicable statutes regulations or procedures the court must then determine as a factual matter if the bid protester was prejudiced by that conduct (C) holding a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 if the procurement procedure involved a violation of regulation or procedure (D) holding that a protester must show that the governments error in a bid evaluation was so significant that the government had no reasonable basis for its best value determination (E) holding that in bid protest cases  a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure 

SOLUTION: holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure

PROBLEM: 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

SOLUTION: holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error

PROBLEM: argument resulted in prejudicial ineffective assistance of counsel. The record fairly supports the California Supreme Court’s summary denial of this claim. Claim 2i is denied on the merits. 1. & m. INTER-CASE AND IN-TRA-CASE PROPORTIONALITY Hamilton asserts defense counsel’s failure to research and demonstrate that the death penalty was excessive based on inter-case and intra-case proportionality, compared to sentences in similar cases and compared to his alleged accomplices, resulted in ineffective assistance of counsel. Hamilton does not make any offer of proof or showing which indicates defense counsel’s failure to research this issue resulted in ineffective assistance of counsel. This claim is foreclosed by Pulley v. Harris, 465 U.S. 37, 53, 104 S.Ct. 871, 79 L.Ed.2d 29 (1984) (<HOLDING>). The record fairly supports the California 
 Holding statements: (A) holding the jurys finding of a special circumstance with automatic review by the trial judge and the california supreme court sufficiently limits the risk of arbitrariness and capriciousness without comparative proportionality review (B) holding the issue of recusal of the trial judge to be preserved for appellate review must be raised in the trial court (C) holding that the supreme court has final appellate review of agency decisions (D) holding that it was error for the trial judge to answer a jurys question without giving defendants counsel an opportunity to be heard before the trial judge responded (E) holding that the ninth circuit is bound by the california supreme courts interpretation of california law

SOLUTION:
holding the issue of recusal of the trial judge to be preserved for appellate review must be raised in the trial court