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:
in original). With the possible exception of his claim that he was not permitted to testify, Man-giardi has not satisfied either prong of the Strickland test. Because each of Mangiardi's claims relating to the proceedings is meritless, appellate counsel was not unreasonable for any failure to raise any of them on direct appeal. See Williams, 166 F.Supp.2d at 305 (finding that where each of the claims raised in the defendant's 2255 motion was meritless, appellate counsel was not deficient for failing to raise them on direct appeal). The same reasoning applies to appellate counsel's failure to raise Man-giardi's claims for ineffective assistance of trial counsel. See id., James v. Superintendent of SCI Huntington, No. CIV.A. 97-2864, 2000 WL 5196, at *3 (E.D.Pa. January 4, 2000) (<HOLDING>). Moreover, as discussed above, claims for
Holding statements: (A) holding that counsel cannot be deemed ineffective for failing to raise a meritless claim (B) holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel (C) recognizing a constitutional claim for ineffective assistance of counsel (D) holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate (E) holding trial counsel was not ineffective for failing to pursue a meritless issue
answer:
(B)

question:
no indication that Mexican law should govern the claims at issue. Thus, under Texas's most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995)
Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (E) holding immaterial breach did not constitute breach of contract
answer:
(B)

question:
of the crime. Id. at 982-84, 512 N.W.2d at 261. Again, Evans is readily distinguishable from our case because there the government was seeking money expended in the course of a criminal investigation. Evans, like Schmaling, does not contradict our holding that the plain meaning of "victim" under 973.20(lr), Stats., encompasses political entities. We therefore conclude that the trial court did not err by imposing restitution to the United States government. By the Court. Judgment and order affirmed. 1 We note that Howard-Hastings appeals a sentence imposed by the court, not a condition of probation. A sentencing court has broader authority to impose restitution as a condition of probation. Compare State v. Connelly, 143 Wis. 2d 500, 505-06, 421 N.W.2d 859, 861 (Ct. App. 1988) (<HOLDING>), with State v. Evans, 181 Wis. 2d 978, 982-84,
Holding statements: (A) holding defendant agreed to submit to searches as a condition of probation (B) holding that defendant could be required to reimburse state for buy money in drug case as a condition of probation (C) recognizing that probation condition required probationer to enter into and successfully complete a sex offender treatment program but finding that no condition of probation was imposed that required him to admit to a counselor the sexual acts charged (D) holding that the requirement that a defendant pay for drug testing is a special condition of probation which must be pronounced at sentencing (E) holding that a defendant is not entitled to credit for time served as a condition of probation
answer:
(B)