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]: to the “enforcement” of the reversal of the Bankruptcy Court’s Order allowing IMC an administrative expense. It would also be considered a core proceeding since it follows directly from a core proceeding. See 11 U.S.C. § 503(b) and 28 U.S.C. § 157(b)(2)(B). Basic principles of restitution and appellate procedure which dictate that a lower court always has the jurisdiction to order the restitution of an award overturned on appeal, even without a remand from the appellate court, also support our conclusion that the Bankruptcy Court had jurisdiction to rule on the Debtor’s Motion. See Caldwell v. Puget Sound Elec. Apprenticeship and Training Trust, 824 F.2d 765, 766-67 (9th Cir.1987) (citing Baltimore & Ohio R. Co. v. U.S., 279 U.S. 781, 786, 49 S.Ct. 492, 493, 73 L.Ed. 954 (1929)) (<HOLDING>). “The right to recover what one has lost by 
 Holding statements: (A) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (B) holding that the court had appellate jurisdiction to review the merits of the case because only the collateral issue of attorneys fees remained to be decided on remand to the bankruptcy court (C) holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal (D) holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings (E) holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court
[A]: holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial


[Q]: the child pornography. This notion is merely ‘unsupported speculation’ and lacks a sufficient nexus to link [J.H.] to the crime charged.” See supra at 991 (setting out entirety of the district court’s order). As noted by Meisel, however, neither the government nor the district court has identified case law holding that alternative perpetrator evidence is admissible only if it conclusively demonstrates the guilt of the alleged alternative perpetrator. Instead, such evidence is admissible if a defendant’s “proffered evidence on the alleged alternative perpetrator ..., on its own or in combination with other evidence in-the record, ... show[s] a nexus between the crime charged and the asserted ‘alternative perpetrator.’ ” McVeigh, 153 F.3d at 1191; see also Jordan, 485 F.3d at 1222 '(<HOLDING>). Second, the district court indicated “the 
 Holding statements: (A) holding test for admissibility of alternative perpetrator evidence is not as onerous as the standard courts apply in determining whether evidence is sufficient to support a conviction (B) holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction (C) holding review of sufficiency of evidence of juvenile adjudication is same as reviewing substantial evidence to support a criminal conviction (D) holding that if no evidence was presented to support the prevailing party there is no evidence upon which to apply the substantial evidence test and therefore the capricious disregard standard applies (E) holding that jackson standard is only standard to use when determining sufficiency of evidence
[A]:
holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction