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.

Input: Consider Input: to warrant such a delay. See id. Moreover, despite his argument to the contrary, Staler did not demonstrate that his criminal trial was invalid due to a fundamental error. See Stoneman, 870 F.2d at 106. Stuler was indicted and convicted for violating 26 U.S.C. 7208. See United States v. McKee, 506 F.3d 225, 244 (3d Cir.2007) (noting the elements of 26 U.S.C. 7203 include that the defendant: (1) was required to file the tax returns; (2) failed to file them; and (3) acted willfully). Stuler's invocation of a host of unrelated statutes and regulations does not alter the fact that "importing" is not an element of a 7203 charge. He has therefore failed to satisfy his burden of establishing a funda-' mental error. See United States v. Cariola, 323 F.2d 180, 184 (3d Cir.1963) (<HOLDING>). Because Stuler showed neither that any
Holding statements: (A) holding that any proceeding which is challenged by the writ is presumed to be correct and the burden rests on its assailant to show otherwise (B) recognizing that an agencys decision to terminate an employee is presumed correct (C) holding that the burden is on the plaintiff (D) holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment (E) holding that the burden is on the defendant when the validity of the warrant is challenged

Output: recognizing that an agencys decision to terminate an employee is presumed correct

Input: Consider Input: the notice. (Hilsee Supp. Aff. 6(b), June 8, 2005). Moreover, the notice campaign began in early December, and the deadline to file opt-outs was April 8, 2005. This timeline, spanning a period of four months, is consistent with court-approved best practices for class notice campaigns. Id. at 6(c)vi. Accordingly, I FIND that there was sufficient notice leading up to the opt-out deadline. Objectors also assert that because the settlement class could have potentially included millions of Class Members, and only 6,524 have "shown their hands" to be included in the class by filing an inventory form, the notice is inadequate. However, many factors contribute to the claims response rate. See, e.g., Zimmer Paper Prod., Inc. v. Berger & Montague, P.C., 758 F.2d 86, 92-93 (3d Cir. 1985) (<HOLDING>); 3 Alba Conte & Herbert Newberg, Newberg on
Holding statements: (A) holding that notice to the attorney of record constitutes notice to the petitioner (B) holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey (C) holding that notice to supervisor is notice to city (D) holding that where defendant engaged in customary and court approved notice procedure the response rate was not determinative of the adequacy of the class notice (E) holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice

Output: holding that notice to the attorney of record constitutes notice to the petitioner

Input: Consider Input: foregoing reasons, the judgment of the District Court is Affirmed, in part, Reversed, in part, VACATED, in part, and Remanded.for further proceedings consistent with this order. 1 . Defendants express some doubts as to whether Type II agreements exist in New York law, or are merely a "creature of the federal courts." Simone v. N.V. Floresta, 1999 WL 429504, at *9 n. 3 (S.D.N.Y. June 18, 1999), 1999 U.S. Dist. LEXIS 9578, at *27 n. 3. However, New York courts have cited with approval Tribune and Adjustrite, and appear to recognize the possibility of "Type II" preliminary agreements. See, e.g., SNC, Ltd. v. Kamine Eng. and Mech. Contracting Co., Inc., 238 A.D.2d 146, 655 N.Y.S.2d 47, 48 (1997); River Glen Assoc., Ltd. v. Merrill Lynch Credit Corp., 295 A.D.2d 274, 743 N.Y.S.2d 870 (2002) (<HOLDING>). 2 . Defendants argue on appeal that
Holding statements: (A) holding that the government was bound by an agreement it treated as binding although it preceded the formal plea agreement (B) holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract (C) holding that agreement did not constitute a binding preliminary agreement to negotiate in good faith a mortgage contract (D) holding that the defendant did not establish good faith as a matter of law (E) holding that agreement as to form and content did not constitute agreed judgment
Output: holding that the government was bound by an agreement it treated as binding although it preceded the formal plea agreement