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.

statute and provides for a specific penalty of a fine of $1250. Id. § 321 J.2(2)(a)(2); see State v. Daniel, 574 N.W.2d 333, 335 (Iowa 1998) (“[T]he district court may not use the penalty provisions provided in section 903.1(1) if a specific penalty is provided in another statute.”). Because section 903.1 is only applicable “if a specific penalty is not provided fo'd’ and section 321J.2 does provide for a specific penalty, section 903.1 is not applicable as to the fine portion of the sentence. Iowa Code § 903.1(1) (emphasis added). Furthermore, as we noted above, we read general and specific statutes together, but if an irreconcilable conflict exists between the general and specific statutes, then the specific statute prevails. Lutgen, 606 N.W.2d at 314; see Lee, 561 N.W.2d at 354-55 (<HOLDING>); Sandifer, 570 N.W.2d at 257 (same). In this 
 Holding statements: (A) holding that section 1001 controls over the limitations provision of the wrongful death statute (B) holding a specific sentencing statute controls over the general sentencing provisions of section 9031 (C) recognizing that a specific statute controls over a general one (D) holding that specific statutory provisions take priority over general statutory provisions (E) holding that specific statutes create exceptions to general statutes therefore if a provision of a specific statute is inconsistent with one in a general statute on the same subject the specific statute controls
(B)

to the federal district court, see 28 U.S.C. §§ 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a “fire code official” under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants’ motion and dismissed Preston’s case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston’s appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927 
 Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc  7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
(E)

(2004). 4 . Ind.Code § 35-49-3-3(a)(3) was amended effective July 1, 2006, to read: “sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church.” 5 . The dissent also argues that Zitlaw did not engage in a “performance,” which is defined as "any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one (1) or more persons.” Ind.Code § 35-49-1-7. However, Zitlaw did not make this argument in his Appellant’s Brief. Consequently, this basis for reversing the trial court's denial of Zitlaw's motion to dismiss has been waived. See, e.g., Chupp v. State, 830 N.E.2d 119, 126 (Ind.Ct.App.2005) (<HOLDING>). Waiver notwithstanding, a finding that Zitlaw 
 Holding statements: (A) holding that party waived argument by failing to brief it on appeal (B) holding that appellant waived issue by failing to raise it in opening brief (C) holding that the defendant waived an argument by failing to raise it in his appellants brief (D) holding that defendant waived his blakely claim as issue on appeal by failing to raise it in his initial brief (E) holding argument waived for failure to raise it in opening brief

(C)