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.

Q: United States v. Griffith, 17 F.3d 865, 880 (6th Cir.1994). B. Sufficiency of the evidence K. Kennedy and Scarborough moved for judgments of acquittal at the close of the government’s proof, arguing that the evidence presented was insufficient to sustain their convictions. See Fed. R.Crim.P. 29(a). The district court considered and denied the motions, and neither defendant renewed his or her respective motion at the close of all the evidence, see Swidan, 888 F.2d at 1080, or within 14 days after their guilty verdicts,' see Fed. R.Crim.P. 29(c)(1). They have thus failed to preserve their rights to challenge the sufficiency of the evidence in the absence of a miscarriage of justice. See Swidan, 888 F.2d at 1080; see also United States v. Faymore, 736 F.2d 328, 334 (6th Cir.1984) '(<HOLDING>).' Both K. Kennedy and Scarborough conceded at 
 Holding statements: (A) holding that failure to consider an improper jury instruction would constitute a miscarriage of justice (B) holding that the defendants insufficientevidence claim was barred by his failure to renew his rule 29 motion at the close of all the evidence because there was no manifest miscarriage of justice (C) holding that even when a defendant moves under rule 50 at the close of plaintiffs evidence  and autocentro did not even do that  if a defendant wishes to renew a motion for judgment as a matter of law at the posttrial stage with a view to having denial of that motion considered by the court of appeals the defendant is required to have moved for judgment as a matter of law at the close of all the evidence (D) holding that defendants failure to renew their motion for judgment as a matter of law which was denied by the district court when they made it at the close of the evidence limited the relief the appellate court could grant to a new trial (E) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence

A: holding that failure to consider an improper jury instruction would constitute a miscarriage of justice
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Q: by this Court. The documents presented to the Court are not forms as prescribed by the Secretary of which the Debtors have verified under penalty of perjury. Instead, the Debtors submitted affidavits of Charles D. Tobias and documents entitled “Actual and Constructive Notice of Declaration.” In filing bankruptcy, the Debtors have sought this Court’s protection from creditors, including the Internal Revenue Service. However, the Debtors have continued to ig nore this Court’s orders and the Internal Revenue laws in failing to file tax returns. The Court finds that the Debtors’ disregard of this Court’s orders as well as their duty to file tax returns is evidence that the Debtors lacked good faith in filing this bankruptcy case. Matter of Crayton, 169 B.R. 243, 245 (Bankr.S.D.Ga.1994) (<HOLDING>). Section 1307(c) of Title 11 provides that 
 Holding statements: (A) holding that failure to file correct tax returns constitutes bad faith and makes it difficult for the court to confirm a plan (B) holding that a debtors right to strip off a wholly unsecured lien is conditioned on the debtors obtaining confirmation of and performing under a chapter 13 plan that meets all of the statutory requirements rather than on a debtors discharge (C) holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case (D) holding that debtors failure to pay postconfirmation taxes pursuant to terms of court order constituted cause for dismissal as a lack of good faith (E) holding on an objection to confirmation of plan that the debtors failure to file tax returns before filing the chapter 13 plan and debtors failure for six months to comply with federal law constituted a lack of good faith sufficient to warrant dismissal of the case

A: holding that failure to file correct tax returns constitutes bad faith and makes it difficult for the court to confirm a plan
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Q: See Ernst, 427 F.3d at 359-60. The State of Tennessee has represented to the court that it is the “real party in interest,” that “[a]ny judgment entered against [DHS] would ultimately be paid by the State of Tennessee,” and that DDS is not legally distinct from DHS. (Docket No. 15 at 1.) The plaintiff has made no argument to the contrary. The second factor supports a finding of immunity because the operation of DHS is controlled by the state. See Ernst, 427 F.3d at 360. DHS was created by the state legislature, see Giorgio, 1996 WL 447656, *1 (citing Tenn.Code Ann. § 4-3-1201), and DHS is identified by the Tennessee Code, the courts of the State of Tennessee, and Tennessee’s executive branch as an executive administrative agency of the state of Tennessee, see Tenn. Code Ann. § 4-3-101 (<HOLDING>); Gallaher v. Elam, 104 S.W.3d 455, 464-65 
 Holding statements: (A) recognizing dhs as one of the states twentyfour executive administrative agencies (B) holding that state agencies are treated as states under the eleventh amendment (C) recognizing that administrative agencies are not bound by rules of evidence (D) recognizing that administrative agencies lack to power to consider or determine constitutional issues (E) holding that state attorney general as member of executive department may assert claim of executive privilege

A:
holding that state agencies are treated as states under the eleventh amendment
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