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.

[Q]: not contest Alaimalo’s actual innocence. B. Prior Opportunities to Raise Actual Innocence Claim We turn to the question of whether Alaimalo’s actual innocence claim was unavailable to him during his direct appeal and his first § 2255 motion. In making this determination, we consider “(1) whether the legal basis for petitioner’s claim did not arise until after he had exhausted his direct appeal and first § 2255 motion; and (2) whether the law changed in any way relevant to petitioner’s claim after that first § 2255 motion.” Harrison, 519 F.3d at 960 (internal quotation marks omitted). An intervening court decision must “effect a material change in the applicable law” to establish unavailability. Harrison, 519 F.3d at 960. See also In re Davenport, 147 F.3d 605, 607, 610 (7th Cir.1998) (<HOLDING>); Triestman v. United States, 124 F.3d 361 (2d 
 Holding statements: (A) holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm (B) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (C) holding that the supreme courts interpretation of 18 usc  924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review (D) holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review (E) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense
[A]: holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used


[Q]: phrase “periodical ly review and monitor the agent” is untested. Thus, the unanswered question before us is how much reviewing and monitoring is required by a trustee to satisfy the mandates of R.C. 1339.59(A)(3)? The plain meaning of the operative words are (1) review — “to go over or examine critically or deliberately” and (2) monitor — “to watch, keep track of, or check usually for a special purpose.” Merriam-Webster’s Collegiate Dictionary (11th Ed.2003) 1067, 801. However, secondary legal authority on this point is scarce and wide ranging: If in the exercise of reasonable diligence, the trustee discovers conditions adversely affecting the security of the investment, it is bound to er (1987), 152 Ariz. 527, 528, 733 P.2d 1110, citing Restatement of the Law 2d, Trusts (1959) 227 (<HOLDING>); Estate of Miller (1964), 230 Cal.App.2d 888, 
 Holding statements: (A) holding that a trustee who lacks investment experience must seek expert advice regarding investing trust assets while exercising his own judgment (B) holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa (C) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (D) holding that although a trustee is not required to watch the ticker as a speculator would    the question of the quality of judgment in holding or disposing of trust assets    coupled with evidence of failure to review or monitor the trust estate and refusal to meet with cotrustees presents a jury question on whether or not the trustee breached his duty (E) holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds
[A]: holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa


[Q]: goals and policies of the penal institution limits these retained constitutional rights.”); Katz, 389 U.S. at 353, 359, 88 S.Ct. 507 (The Katz Court concluded that where the government electronically listened to and recorded the defendant’s conversations while he used a public telephone, the actions of the government violated the defendant’s privacy, and the constitutional standards of the Fourth Amendment. This case included no evidence that the defendant received notice or any indication that his calls would be monitored or recorded.); In the Matter of An Anonymous Member of the S.C. Bar, 404 S.E.2d at 514 (ruling that an attorney shall not record the conversation of any person without the prior knowledge and consent of all parties to the conversation); Forrester, 541 S.E.2d at 843 (<HOLDING>). In sum, all of the aforementioned cases are 
 Holding statements: (A) holding that evidence was inadmissible because it was not within the scope of defendants oral preseizure consent to a cursory visual inspection and the seizure was conducted prior to not pursuant to the defendants written consent to conduct a complete search (B) holding that it was unreasonable to believe that womans boyfriend had authority to consent to the search of her purse even though he had authority to consent to the search of the car in which it was kept (C) holding that a search exceeded the scope of the initial oral consent and was not validated by a subsequent written consent an allegedly consensual seizure must stand or fall on the basis of the consent preexisting the seizure (D) holding that the defendants consent to allow the officer to search her purse by way of holding it open for the officer was for consent to a limited view of the purses interior not to surrender possession  for an unrestricted search and thus the officer exceeded the scope of the defendants consent (E) holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car
[A]:
holding that evidence was inadmissible because it was not within the scope of defendants oral preseizure consent to a cursory visual inspection and the seizure was conducted prior to not pursuant to the defendants written consent to conduct a complete search