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.

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
holding apprendi is not retroactive

to those sentences because no error in the sentencing appears on the face of the record. Ninety-nine years is a "term of years not less than five years." While Thomas' sentences, under court interpretations of 566.030.2, may not be authorized, we are not able to reach such issues where the sentencing defect is not so patent as to present a jurisdictional issue. This sentencing does not present a jurisdictional issue. Conclusion Thomas is ordered to be returned to the circuit court of the City of St. Louis for resentencing on the three first degree robbery counts within the limits authorized by the law. SO ORDERED. All concur. 1 . All sectional references are to Missouri Revised Statutes 1986, unless otherwise indicated. 2 . See, e.g., State v. Williams, 828 S.W.2d 894 (Mo.App.1992)(<HOLDING>); State v. Charron, 743 S.W.2d 436
Holding statements: (A) holding that a defendants sentence was reasonable in part because it was well below the statutory maximum (B) recognizing a claim that the sentence exceeded the statutory maximum (C) holding sentence of thirtyfive years in prison with ten years probation for seconddegree murder is within the statutory maximum under 1997 statutes (D) holding that the sentence was reasonable in part because it was well below the statutory maximum (E) holding sentence of 100 years for forcible rape was in excess of statutory maximum
holding that a defendants sentence was reasonable in part because it was well below the statutory maximum

the "quick intervention" of Dr. Kasozi, "most probably [he] would not be here today." Id. An IJ's credibility finding is a finding of fact. Elzour, 378 F.3d at 1150. Under 8 U.S.C. 1252(b)(4)(B), "administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary." We interpret this statute to call for review under the substantial evidence test, under which the IJ's finding will be upheld if "supported by reasonable, substantial and probative evidence considering the record as a whole." Elzour, 378 F.3d at 1150. To reverse, the evidence must not only support the conclusion that the IJ erred, but compel it. INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); accord Batalova, 355 F.3d at 1254 (<HOLDING>). This court has, however, joined "other
Holding statements: (A) holding that credibility determinations are for the jury (B) holding that the ijs or bias credibility determinations are not questioned if they are substantially reasonable (C) holding that the credibility determinations by the board are virtually unreviewable (D) holding that credibility determinations are reviewed only for substantial evidence (E) holding that ijs and bias finding of applicants lack of credibility was substantially supported by the inconsistencies regarding the date of spouses alleged sterilization
holding that credibility determinations are for the jury