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.

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
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

No. 25. The‘government asserts that “defendants-were put on notice and consented to having their phone calls monitored, recorded and divulgéd,” citing DOC’s written policies on inmate phone calls, and thus have no legitimate expectation of privacy in the calls. Gov’t’s Reply at 5-6. The vast weight of authority supports the government’s position that, even assuming the defendants in this case subjectively believed that their calls were private, any such belief was unreasonable. See, e.g., Lanza v. New York, 370 U.S. 139, 143, 82 S.Ct. 1218, 8 L.Ed.2d 384 (1962) (in jail setting, “official surveillance has traditionally been the order of the day”); United States v. Shavers, 693 F.3d 363, 389-90 (3d Cir. 2012), vacated on other grounds, — U.S. —, 133 S.Ct. 2877, 186 L.Ed.2d 902 (2013) (<HOLDING>); United States v. Monghur, 588 F.3d 975, 
 Holding statements: (A) holding that the defendant had a reasonable expectation of privacy in a telephone booth (B) holding inmates and those with whom they converse have no objectively reasonable expectation of privacy in telephone conversations where inmates received a handbook alerting them that all telephone calls were recorded and were exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials (E) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company
holding that the defendant had a reasonable expectation of privacy in a telephone booth

those proceedings, which start the five year period for dormancy. For example, in Cyr, the Kansas Supreme Court found that even though the purpose of a contempt proceeding serves the same remedial purpose as an execution, garnishment, income withholding proceeding, and proceeding in aid of execution-namely to aid in collecting a favorable money judgment-contempt proceedings are not enumerated in § 60-2403, and therefore, do not operate to keep the judgment alive. 815 P.2d at 100. See also DeKalb Swine Breeders, Inc. v. Woolwine Supply Co., 248 Kan. 673, 809 P.2d 1223 (1991) (strictly construing the statutory language of § 60-2403 and holding that pending garnishment proceedings do not toll time period for dormancy purposes); First Nat’l Bank v. Harper, 161 Kan. 536, 169 P.2d 844 (1946) (<HOLDING>); St. Joseph Dev. Corp. v. Sequenzia, 25 
 Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding  2513 to be jurisdictional and therefore must be strictly construed (C) holding dormancy statutes should be strictly construed (D) holding that penal statutes are to be strictly construed in favor of the persons sought to be subjected to their operation (E) holding that criminal statutes of limitation should be construed in favor of the accused

holding that railroad immunity act should be strictly construed