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: the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) ("[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court."); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. 636(b)(1) provides that a
Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings

SOLUTION: holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

PROBLEM: making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant's advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) ("Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor's conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless."); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is
Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge

SOLUTION: holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify

PROBLEM: (emphasis added); see also Organized Village of Kake v. Egan, 369 U.S. 60, 66, 82 S.Ct. 562, 7 L.Ed.2d 573 (1962) ("[F]ishing rights are of vital importance to Indians in Alaska."); Williams v. Babbitt, 115 F.3d 657, 664 (9th Cir.1997) ("[F]ishing ... is an integral and time-honored part of native subsistence culture."); United States v. Alexander, 938 F.2d 942, 945 (9th Cir.1991) ("Many Alaska natives who are not fully part of the modern economy rely on fishing for subsistence. If their right to fish is destroyed, so too is their traditional way of life."). As non-native populations have settled in Alaska's rural expanses, subsistence fishing has also become a mainstay of Alaska's non-native rural residents. Cf. Hoonah Indian Ass'n v. Morrison, 170 F.3d 1223, 1228 (9th Cir.1999) (<HOLDING>). Given the crucial role that navigable waters
Holding statements: (A) holding that the terms charges classifications and practices as used in section 152b of the communications act encompass a companys internal accounting and depreciation practices (B) holding that the lottery commission was not a person under the unfair practices act (C) recognizing that hecks favorable termination rule applies to all 1983 plaintiffs not just those in state custody (D) holding that discriminatory employment practices are cognizable under title ix (E) holding that anilca protects subsistence practices of all rural alaskans not just natives

SOLUTION:
holding that the terms charges classifications and practices as used in section 152b of the communications act encompass a companys internal accounting and depreciation practices