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.

“multiple sentences for multiple crimes arising out of a single behavioral incident if: (1) the crimes affect multiple victims; and (2) multiple sentences do not unfairly exaggerate the criminality of the defendant’s conduct.” State v. Skipintheday, 717 N.W.2d 423, 426 (Minn.2006) (citations omitted). Both requirements are met here. The district court convicted and sentenced Wallace for two distinct crimes committed upon two distinct victims: once for attempting to rape R.L. and once for stabbing and killing Kenneth Williams. And Wallace does not argue, nor have we found any legal basis to conclude, that the multiple sentences imposed by the district court in this case unfairly exaggerate the criminality of his conduct. See, e.g., State v. Marquardt, 294 N.W.2d 849, 850-51 (Minn.1980) (<HOLDING>). In fact, we squarely rejected the precise 
 Holding statements: (A) holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts (B) holding that the district court did not err by sentencing a defendant to consecutive prison terms for seconddegree manslaughter and aggravated assault committed against two separate victims because the multiple sentences did not unfairly exaggerate the criminality of the defendants conduct (C) holding that trial court did not err (D) holding in assault and involun tary manslaughter case that district court has discretion to impose concurrent or consecutive sentences based on finding of whether multiple counts involved the same harm (E) holding that separate sentences for aggravated assault with a deadly weapon and with intent to rob were barred
holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts

interests that a lawful permanent resident or even an illegal entrant residing more than two weeks may have developed.... Diaz Rodriguez has not shown that he has been lawfully admitted, so the due process rights of a lawfully admitted citizen are not implicated here.”). Accordingly, Petitioner has no constitutional due process rights in relation to her admission beyond that authorized by Congress. The restricted habeas review provisions set forth in Section 1252 adequately protect Petitioner’s rights because she has a meaningful review of the cause for her exclusion and of the Executive’s power to exclude her. The writ therefore has not been suspended and the Court lacks jurisdiction to review Petitioner’s claims. See Garcia de Rincon, 539 F.3d at 1140-41; Lorenzo, 508 F.3d at 1281 (<HOLDING>); Vaupel, 244 Fed.Appx. at 895 (holding that 
 Holding statements: (A) holding that section 1252e2 clearly does not permit court to review whether expedited removal statute applies in first place (B) holding that court of appeals lacked jurisdiction to review aliens habeas claims seeking review of expedited removal order including whether expedited removal statute was lawfully applied to alien and whether expedited removal procedures violated his right to due process because language of section 1252e5 clearly precludes review in habeas proceedings of whether alien is actually inadmissible or entitled to any relief from removal (C) holding that strict limitations set forth in section 1252e preclude judicial review of any constitutional or statutory claims related to the underlying expedited removal order (D) holding that  1252a2a barred review of petitioners claims including asapplied due process challenges to expedited removal order (E) holding prior to enactment of section 1326d that a person charged with illegal reentry has a constitutional right to collaterally attack the underlying removal order when a due process violation in a removal proceeding amounts to a complete deprivation of judicial review
holding that section 1252e2 clearly does not permit court to review whether expedited removal statute applies in first place

The court disagrees. All the plaintiffs have done is state a historical fact — that CD & R did not respond to Mail Boxes Etc.’s inquiry — and then assert that CD & R did not respond because they were already in negotiations with the defendants. From that fact and bare assertion, the plaintiffs take the further leap that the defendants intentionally misrepresented the timing of their discussions with CD & R. Compl. 1143; Pis.’ Opp’n at 23 n. 19. “[A] pleading technique that couples a factual statement with a conclusory allegation of fraudulent intent is insufficient to support the inference that the defendants acted recklessly or with fraudulent intent.” Rombach, 355 F.3d at 176 (internal quotations omitted); see also In re Navarre Corp. Sec. Litig., 299 F.3d 735, 742 (8th Cir.2002) (<HOLDING>). The plaintiffs do not any allege any facts 
 Holding statements: (A) holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction (B) holding that a claim must be facially plausible in order to survive a motion to dismiss (C) holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss (D) holding that a conclusory boilerplate assertion of a municipal policy or custom was insufficient to survive motion to dismiss (E) holding that a mere allegation of fraud is insufficient to survive a motion to dismiss pursuant to the pslra

holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction