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:
lease, for the first time in his reply brief, thus, he has waived it. In most circumstances a litigant who fails to raise an argument until his reply brief wul be deemed to have waived that argument. Wilson v. O'Leary, 895 F.2d 378, 384 (7th Cir. 1990). This case is before us, however, on a motion for dismissal pursuant to Rule 12(b)(6). The inquiry we are faced with is whether the plaintiff can prove any set of facts to support his allegation. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). This court has held that when reviewing Rule 12(b)6) motions, we wul consider new factual allegations raised for the first time on appeal provided they are consistent with the complaint. See Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir.1992) (<HOLDING>); Dawson v. General Motors Corp., 977 F.2d 369,
Holding statements: (A) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (B) holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings (C) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (D) holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion (E) holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss
answer:
(C)

question:
guidelines; and (4) that the special conditions of Neffs supervised release were beyond the limits described in 18 U.S.C. 3583(d). For the reasons explained below, the motion is denied in all respects. I. BACKGROUND On April 29, 1992, Anthony Neff was arrested on charges of driving while intoxicated by Nassau County Police who found in his possession a receipt from a licensed firearms dealership. The receipt indicated that on April 23, 1992, he had purchased a 12 gauge shotgun. Agents of the Bureau of Alcohol, Tobacco and Firearms ("ATF") interviewed the owner of the firearms dealership and discovered that Neff, who was then on parole for a 1989 attempted burglary conviction, had not revealed that he was a convicted felon when he executed ATF form 4473, a necessar 3 (3d Cir.1988) (<HOLDING>). Although this language appears broad in
Holding statements: (A) recognizing a claim that the sentence exceeded the statutory maximum (B) holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings (C) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines
answer:
(A)

question:
23, 2005, which describes Ms. Williams' psychological limitations. She has also submitted a September 9, 2003 report by Dr. Hammerberg finding "a right long thoracic neuropathy," and an April 17, 2003 MRI by Dr. Solsberg. At-tachs. to plaintiffs motion to correct omissions. Sentence six of 42 U.S.C. 405(g) authorizes a district court to remand to the agency when "new and material evidence comes to light, and there is good cause for failing to incorporate such evidence in the earlier proceeding." Nguyen v. Shalala, 43 F.3d 1400, 1403 (10th Cir.1994). A remand is not appropriate in this case because the new evidence does not demonstrate that the findings relate back to the period on or before the date of the ALJ's decision. Cf. Chambers v. Barnhart, 389 F.3d 1139, 1142 (10th Cir.2004) (<HOLDING>) (quotation omitted). Moreover, Ms. Williams
Holding statements: (A) holding that material submitted by appellant that is cumulative of evidence previously of record is not new (B) holding that appeals council must consider evidence submitted with a request for review if it is a new b material and c related to the period on or before the date of the aljs decision (C) holding that additional records submitted to the appeals council are part of the administrative record for judicial review (D) holding that court reviews aljs decision for substantial evidence on the record as a whole including the new evidence submitted after the determination was made (E) holding that evidence submitted for a motion to reopen must be material and state new facts that rebut the underlying finding
answer:
(B)