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.

[EX Q]: Supreme Court rejected Cook's claim of error on direct appeal, finding that the prosecutor's comments were not directed at Cook's decision not to testify, and that the comment about the videotape was invited by Cook's cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook's arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant's Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor's comment on a defendant's
Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt
[EX A]: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify

[EX Q]: the defendant's applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment)." Id., app. note 1(A). In November 2007, the Sentencing Commission issued Amendment 706, which reduced the base offense level for crack cocaine offenses under 2Dl.l(c) by two levels. See U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). The Commission later made the amendment retroactively applicable. See U.S.S.G. App. C, Amend. 713 (Supp. May 1, 2008). As indicated, Jefferson sought to have his sentence reduced as result of those amendments. However, they do not apply here because Jefferson was sentenced to a mandatory minimum sentence required by statute. See United States v. Doe, 564 F.3d 305, 311-12 (3d Cir.2009) (<HOLDING>). Because the District Court did not abuse its
Holding statements: (A) holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures and thus them ultimate sentences were based (B) holding that a defendant whose original sentence was based upon the careeroffender guideline and not 2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range (C) holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline (D) holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under 3582 (E) holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline
[EX A]: holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures and thus them ultimate sentences were based

[EX Q]: citizenship claim."). It found "extreme circumstances," id. at 1139, because "[a]n assertion of U.S. 'citizenship is ... a denial of an essential jurisdictional fact' in a deportation proceeding." Id. at 1136 (quoting Ng Fung Ho v. White, 259 U.S. 276, 284, 42 S.Ct. 492, 66 L.Ed. 938 (1922)). It also relied on the principle that American citizenship must be intentionally relinquished. Id. at 1137 (citing Vance v. Terrazas, 444 U.S. 252, 260-61, 100 S.Ct. 540, 62 L.Ed.2d 461 (1980)). "Because he has a colorable citizenship claim, Rivera has a constitutional right to judicial review, and may obtain such review via habeas corpus even after accepting deportation and waiving his right to appeal the IJ's decision." Id.; see also Minasyan v. Gonzales, 401 F.3d 1069, 1075 (9th Cir.2005) (<HOLDING>). Under Rivera, "the Constitution is violated
Holding statements: (A) holding agency claim requirements under the federal torts claim act must be exhausted before district court has jurisdiction (B) holding that this court lacks jurisdiction to review claims that have not been raised before the bia (C) holding on direct review from the bia that bjecause minasyans claim to citizenship is not patently frivolous we have jurisdiction to review it irrespective of whether he has exhausted his claim before the agency (D) holding that we lack jurisdiction to consider a claim not raised before the bia even when the bia sua sponte considers the claim (E) holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte
[EX A]:
holding agency claim requirements under the federal torts claim act must be exhausted before district court has jurisdiction