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.
--------
Question: for the district court to grant his motion to withdraw his plea. But Harvey has not challenged the district court's ultimate finding that he was competent to stand trial based on the court's consideration of the opinions of all three psychiatrists. In light of the district court's unchallenged and supported determination that Harvey was competent to stand trial (and therefore competent to plead), Harvey cannot argue that the court committed obvious error in failing to sua sponte permit him to withdraw his plea on the basis of his "marginal competence." Nor can he claim that counsel was ineffective for failing to argue Harvey's marginal competency as a reason for withdrawing the plea. Harvey's claims related to his competency therefore fail. { 18 We affirm. 1 . The court stat Cir.2008) (<HOLDING>); United States v. Pease, 240 F.3d 938, 940-42 
 Holding statements: (A) holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel (B) holding an attorneys mistaken prediction about a possible sentence does not render a defendants plea unknowing and involuntary (C) holding that a defense attorneys failure to uncover a defendants prior felony convictions and the attorneys inaccurate sentencing prediction did not render the defendants plea unknowing and involuntary because the defendant knew at the time he pleaded guilty what his sentence might be (D) holding that ineffective assistance can render a guilty plea involuntary (E) holding that an inaccurate sentencing estimate did not render a plea unknowing unintelligent or involuntary because the defendant was informed of the statutory maximum

Answer: holding defendant cannot waive claims of an illegal sentence a sentence violating terms of plea agreement an unknowing and involuntary plea and ineffective assistance of counsel


Question: is clear.” Investment Company Institute, 891 F.Supp.2d at 205. The appellants also assert that the agency improperly counted hypothetical benefits, but this assertion is incorrect. It was appropriate for CFTC to count the benefits flowing from its registration and disclosure requirements in § 4.5 and § 4.27, as the specifics of those requirements are finalized and not subject to the harmonization rule. The appellants further complain that CFTC failed to put a precise number on the benefit of data collection in preventing future financial crises. But the law does not require agencies to measure the immeasurable. CFTC’s discussion of unquantifiable benefits fulfills its statutory obligation to consider and evaluate potential costs and benefits. See Fox, 556 U.S. at 519, 129 S.Ct. 1800 (<HOLDING>). Where Congress has required “rigorous, 
 Holding statements: (A) holding that attorneys are not debt relief agencies (B) holding that new york city agencies cannot be sued (C) holding that agencies are not required to adduce empirical data that cannot be obtained (D) holding that state agencies are treated as states under the eleventh amendment (E) recognizing that administrative agencies are not bound by rules of evidence

Answer: holding that attorneys are not debt relief agencies


Question: OF THE REVENUES OR EXPENSES IN THE ATTACHED.” 44 F.Supp.2d at 1260. The merger and integration clause in the Franchise Agreement stated that: "It is understood and agreed that neither McDonald's not anyone acting on behalf of McDonald’s has made any representations, inducem tatements had superior knowledge. Predictions or statements that are only promissory in nature or only express what will happen in the future are not actionable as fraud, unless the representing party has exclusive knowledge and should have been aware that the other party would rely heavily on their assertions. See Miller v. Premier Corp., 608 F.2d 973, 981 (4th Cir.1979); see also Payne v. McDonald's Corp., 957 F.Supp. 749, 760-61 (D.Md.1997); see Burger King Corp. v. Austin, 805 F.Supp. 1007, 1024 (S.D.Fla.1992) (<HOLDING>). Some courts believe that "superior knowledge” 
 Holding statements: (A) holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud (B) holding that defendants failure to anticipate future events did not constitute securities fraud (C) holding that projections of future profits or business success may constitute fraud if declarant had exclusive or superior knowledge of the facts (D) holding that future predictions and opinions especially those regarding future profitability of business cannot form basis for fraud as matter of law (E) holding that mere statements of opinion or prediction such as future profits or how well a business will do in a particular market may not be a basis for a fraud or misrepresentation action because predictions are not past or present material facts

Answer:
holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud