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]: of finality which is essential to the operation of our criminal justice system.” Sawyer v. Smith, 497 U.S. 227, 242, 110 S.Ct. 2822, 111 L.Ed.2d 193 (1990). Petitioner claims that Apprendi falls within the narrow scope of the second category of exceptions and is therefore applicable to his case retroactively. The Second Circuit has not yet addressed the question of whether Apprendi should be considered a “watershed rule,” falling within the Teague exceptions. However, every Circuit Court which has considered this question has held that Apprendi should not be applied retroactively on collateral review. United States v. Sanders, 247 F.3d 139, 146 (4th Cir.2001); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2001); see, e.g., Abdullah v. United States, 240 F.3d 683, 687 (8th Cir.2001)(<HOLDING>); Browning v. United States, 241 F.3d 1262, 
 Holding statements: (A) holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review (B) holding apprendi is not retroactive (C) holding that apprendi does not apply on collateral review (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review  that was previously unavailable (E) holding that the apprendi decision is not applicable on collateral review
[A]: holding apprendi is not retroactive


[Q]: with the Federal Energy Regulatory Commission and learned that the federal license "will not change upon renewal." 4 . The position statement included an Administrator's Memorandum, dated June 19, 1986, indicating how regional offices should handle approval of permits for hydropower purposes. The memorandum indicates that when dealing with a hydropower application coming within FERC jurisdiction, departmental staff need to be aware of FERC licensing conditions for the facility in question. An attachment to the memorandum shows standard conditions of approval for a state water rights permit and the language of one of such conditions is that which was incorporated into the license at issue in this case. The memorandum notes that an applicant "can request Department action on 0-41 (1969) (<HOLDING>). 7 . It was also after the enactment of I.C. § 
 Holding statements: (A) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (B) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (C) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use (D) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (E) recognizing the right to use water to generate power
[A]: holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use


[Q]: See Hamm v. Rhone-Poulenc Rorer Pharmaceuticals, Inc., 187 F.3d 941, 950 (8th Cir.1999), cert. denied, — U.S. —, 120 S.Ct. 937, 145 L.Ed.2d 815 (2000). Whether that option is available to Green at the present time is questionable, however. If Fed.R.Civ.P. 23(e) applies to putative class actions before certification of the class, then court approval for the dismissal would be required in any event. See id. 19 . But see Porous Media Corp. v. Pall Corp., 186 F.3d 1077, 1079 (8th Cir.1999) (stating that a district court ruling on a Rule 12(b)(6) motion may consider materials that are "necessarily embraced by the pleadings.") (citing Piper Jaffray Cos. v. National Union Fire Ins. Co., 967 F.Supp. 1148, 1152 (D.Minn.1997)); Silver v. H & R Block, Inc., 105 F.3d 394, 397 (8th Cir.1997) (<HOLDING>); Parnes v. Gateway 2000, Inc., 122 F.3d 539, 
 Holding statements: (A) holding that district court may consider documents referred to in plaintiffs complaint and central to his claim (B) holding that court could consider undisputed documents upon which the plaintiff based his action (C) holding that the district court properly dismissed an indictment where the parties argued the applicability of a statute based on a set of undisputed facts (D) holding that a court may consider documents that have not been incorporated by reference where the complaint relies heavily upon its terms and effect which renders the document integral to the complaint (E) holding that 1 the complaint is deemed to include any documents incorporated in it by reference and any document upon which it solely relies and which is integral to the complaint and that the court may consider such documents on a motion to dismiss pursuant to fedrcivp 12b6
[A]:
holding that district court may consider documents referred to in plaintiffs complaint and central to his claim