TASK DEFINITION: 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.
PROBLEM: his first issue, Samba maintains that the immigration judge placed too little weight on the length of his sentence and the assistance he provided to federal agencies in determining that the offense was a particularly serious crime. We have previously determined that such a claim, "which amount[s] to an argument that the immigration judge 'abused [his] discretion in weighing the multiple desiderata made relevant by the [BIA's] definition of a particularly serious crime,' do[es] not present questions of law and therefore [is] not reviewable under section 1252(a)(2)(D)." Solorzano-Moreno v. Mukasey, 296 Fed.Appx. 391, 394 (5th Cir.2008) (third alteration in original) (quoting Petrov v. Gonzales, 464 F.3d 800, 802 (7th Cir.2006)); see also Sung v. Keisler, 505 F.3d 372, 377 (5th Cir.2007) (<HOLDING>). To the extent that the first issue challenges
Holding statements: (A) holding that a sentencing judge would commit a statutory error if the judge failed to consider the applicable guidelines range as well as the other factors listed in section 3553a (B) holding that the source of the federal funds was not a relevant factor in determining the number of violations (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that the argument that the immigration judge did not consider all of the relevant factors in determining that his children would not suffer the requisite hardship was not a question of law under 1252a2d (E) holding that the family court is required to consider all relevant factors in determining alimony

SOLUTION: holding that a sentencing judge would commit a statutory error if the judge failed to consider the applicable guidelines range as well as the other factors listed in section 3553a

PROBLEM: Therefore, the magistrate could not have relied on such information when making the probable cause determination. [ 23] When Utvick's room was searched on June 1, 2002, the officer observed persons in the room attempting to dispose of drugs by flushing in the bathroom, after executing a search warrant without a no-knock provision. While Ut-vick is not alleged to have engaged in this activity, Utvick was the registered guest of the hotel room and was in the company of persons suspected of disposing of evidence. Prior history of destruction of evidence, when detailed in an affidavit for a no-knock search warrant, is not a threshold requirement but may strengthen probable cause to believe evidence will be destroyed. Cf. Mazepink v. Arkansas, 336 Ark. 171, 987 S.W.2d 648, 655 (1999) (<HOLDING>); Henderson, 629 N.W.2d at 624 (holding
Holding statements: (A) holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant (B) holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant (C) holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence the occupants may have attempted to destroy the evidence by flushing it down the toilet (D) holding that officers may detain the occupants of a vehicle while executing a search warrant (E) holding no liability existed under the circumstances

SOLUTION: holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant

PROBLEM: of fraud on the court. In this regard, the district court recognized that under binding Tenth Circuit precedent "[ijntent to defraud is an absolute prerequisite to a finding of fraud on the court." Weese v. Schukman, 98 F.3d 542, 553 (10th Cir.1996). The district court then proceeded to set out at length its reasoning for concluding that McVeigh had not demonstrated a reasonable probability that given additional time he could present a viable claim of fraud on the court. Second, McVeigh is simply wrong in trying to compartmentalize the questions of fraud on the court and Brady materiality. If the evidence in question was not material, a fundamental requirement for fraud on the court would be absent. See United States v. Beggerly, 524 U.S. 38, 47, 118 S.Ct. 1862, 141 L.Ed.2d 32 (1998) (<HOLDING>). Furthermore, the fact that only non-material
Holding statements: (A) holding that motion filed under fedrcivp 60b properly construed as successive 2255 motion (B) holding that a motion to vacate a judgment under fedrcivp 60b is addressed to the sound discretion of the trial court citations omitted (C) holding that while a district court lacks jurisdiction to deny a 60b motion while an appeal is pending it can certify that it will grant a 60b motion if the court of appeals remands the case for that purpose (D) holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp (E) holding that fedrcivp 60b motion premised on fraud on the court is available only to prevent a grave miscarriage of justice

SOLUTION:
holding that motion filed under fedrcivp 60b properly construed as successive 2255 motion