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.

the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) ("[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court."); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. 636(b)(1) provides that a
Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings
holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

1024-25 (Bankr.S.D.Fla.1996) (J. Mark) (discussing the split of authority and explaining that Congress codified the result of In re Bobroff, 766 F.2d 797 (3d Cir.1985) which encouraged the use of debt repayment plans by ensuring that property acquired post-petition would not be subject to creditors' claims if Chapter 13 proved unsuccessful). Courts which held that property acquired post-petition must be property of the Chapter 7 estate after conversion did so because they believed such policy was "necessary to discourage strategic, opportunistic behavior that hurts creditors without advancing any legitimate interests of the debtors." In re Lybrook, 951 F.2d 136, 137 (7th Cir.1991). Lybrook, In re Colder, 973 F.2d 862 (10th Cir.1992), and In re Lindberg, 735 F.2d 1087 (8th Cir.1984) (<HOLDING>), base their results on policy concerns that
Holding statements: (A) holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes (B) holding for 1983 actions that although state law determines the limitations period federal law determines when the claim arises (C) holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur (D) holding that date of conversion determines what exemptions apply (E) holding that federal courts sitting in diversity should apply state law that determines the outcome of the case
holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes

of the state's expansive definition of "building" to include "any structure, vehicle or watercraft used for overnight lodging of persons ... or an inclosed motor truck, or an inclosed motor truck trailer." N.Y. Penal Law 140.00(2). 9 . Lynch asserted that the district court's consultation of the facts underlying his attempted burglary conviction, as stated in his federal PSR, violated Taylor, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607, and Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). Shepard instructed .1995) (concluding district court may not use facts alleged in federal PSR prepared for current conviction to determine whether prior conviction was "crime of violence" under the Guidelines); United States v. Pearson, 77 F.3d 675, 677 (2d Cir.1996) (<HOLDING>). 10 . Although New York Penal Law 265.03 was
Holding statements: (A) holding remand not required where district court relied on federal psr that incorporated facts from state psr not objected to by defendant to determine prior conviction was controlled substance offense for purposes of career offender sentence enhancement under guidelines (B) holding that district court may find facts to support both factors by adopting psr (C) holding that defendant adopted facts found in the psr by not objecting (D) holding that the career offender guideline could not directly apply when there was an unsentenced conviction but allowing the district court on remand to consider departing from the guidelines in order to sentence a defendant whose conduct delayed his convictions as if the career offender provision applied (E) holding that the district courts reliance on the psr to characterize the defendants prior offense for enhancement purposes was error
holding that district court may find facts to support both factors by adopting psr