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.

Example Input: by assenting to forfeiture provisions included in plea agreements. In United States v. Le, 173 F.3d 1258, 1263 (10th Cir.1999), a criminal defendant entered into a plea bargain under which he "agree[d] to forfeit and otherwise waive any ownership right he might possess in all items seized during the investigation of any of the acts alleged." The defendant then filed a motion for the return of his property under Federal Rule of Criminal Procedure 41(e), and the district court denied the motion. Id. We affirmed the district court's decision, observing that "[t]he district court was entirely correct in denying Le's motion because Le ... relinquished any ownership rights he may have had in the property." Id. at 1278. See also United States v. Grover, 119 F.3d 850, 852 (10th Cir.1997) (<HOLDING>). On appeal Mr. Montoya suggests that he should
Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that a rule 41e claimant relinquished any possessory claim he had to the property when he signed a forfeiture agreement at the time he entered into a plea bargain (C) holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement (D) holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present (E) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel
Example Output: holding that a defendant must show reasonable probability that but for the error he would not have entered the plea

Example Input: to the exercise of discretion by the trial court. Penn s to avoid the appearance of impropriety is a worthy standard for professional conduct, a criminal defendant's constitutional right to due process does not entitle him to a prosecution free of such appearances. Cf. Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S.Ct. 1708, 1718, 64 L.Ed.2d 333 (1980) (stating that a defendant's Sixth Amendment right to counsel is not violated when his lawyer has a "possible" or "potential" conflict of interest). Instead, a criminal defendant is denied due process only when his former counsel joins a Commonwealth's Attorney's office and is not effectively screened from contact with the Commonwealth's attorneys who are handling the defendant's case on a related matter. See Thompson, 246 So.2d at 763 (<HOLDING>); United States v. Goot, 894 F.2d 231, 236-37
Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding than an attorney who serves as a mediator cannot subsequently represent anyone in a substantially related matter without the consent of the original parties because mediators routinely receive and preserve confidences in much the same manner as an attorney and where the mediator was privy to confidential information the applicable ethical rules impose the same responsibility as the rules relating to any attorneys subsequent representation of a former client (C) holding that defendants right to due process was not violated by the employment of his former counsel in the us attorneys office where the former counsel recused himself and was screened from the prosecution of defendants case (D) holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client (E) holding that a defendants due process rights are violated only if his former lawyer prosecutes him on a matter related to the representation or discloses client confidences to other prosecutors
Example Output: holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person

Example Input: Risbridger v. Connelly, 275 F.3d 565, 572 (6th Cir.2002); Gainor v. Rogers, 973 F.2d 1379, 1386 n. 10 (8th Cir.1992); Tom v. Voida, 963 F.2d 952, 959 & n. 8 (7th Cir.1992). The Tenth Circuit has adopted a different view of the open question, concluding that because the law is not clearly established that a citizen may refuse to answer questions during an investigative stop, the officer could lawfully arrest the person for failure to comply. Oliver v. Woods, 209 F.3d 1179, 1189-90 (10th Cir.2000). The Ninth Circuit has ruled that arresting a person for refusing to provide his or her name violates the Fourth Amendment, but this position has not been adopted by other federal Courts of Appeals or the Supreme Court. See Carey v. Nevada Gaming Control Bd., 279 F.3d 873, 881-82 (9th Cir.2002) (<HOLDING>); see also Risbridger, 275 F.3d at 572
Holding statements: (A) holding fourth amendment protects against use of force while in arresting officers custody until arraignment or formal charge (B) holding that false arrest supports a claim against state police under 1983 because it violates the fourth amendment (C) holding that a person is presumed to own all property that is titled in her name (D) holding arresting a person for refusing to provide his or her name violates the fourth amendment (E) holding that fourth amendment seizure continues throughout the time the person remains in the custody of the arresting officers
Example Output:
holding fourth amendment protects against use of force while in arresting officers custody until arraignment or formal charge