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 Input:
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

Ex Output:
holding apprendi is not retroactive

Ex Input:
unlawful harm under that public policy may include actions that violate recognized and accepted standards of conduct, such as applicable codes of ethics. The critical question in this case is whether under all of the surrounding circumstances MacDougall's termination by Weiehert violated that clear mandate of public policy and was in retaliation for either his vote on the municipal parking ban ordinance or his refusal to change the ordinance. At the outset, we recognize that conduct that is directed against constitutionally-protected activity may violate a clear mandate of public policy, even though it may not offend any other statutory or legal standard. Supra at 390, 393, 677 A.2d at 167, 168. Compare Shovelin v. Central New Mexico Elec. Coop., Inc., 115 N.M. 293, 850 P.2d 996 (1993) (<HOLDING>) with Novosel v. Nationwide Ins. Co., 721 F.2d
Holding statements: (A) holding that employees retaliatory discharge based on employees election to public office did not violate public policy (B) recognizing public policy limits on employer discretion in discharging employees (C) holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern (D) recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim (E) holding that the discharge of an employee hospitalized for illness did not violate public policy

Ex Output:
recognizing public policy limits on employer discretion in discharging employees

Ex Input:
improperly removed the action as there is no diversity of citizenship between the parties and the amount in controversy fails to meet the $75,000 threshold. (Dkt. No. 5.) Plaintiff seeks relief in the form of "compensatory, special and general damages in an amount according to proof at trial, but not less than $1,000,000." (Dkt. No., Ex. A.) Plaintiff further states that the amount of the Note on the property in question is $440,000 (Id.) Accordingly, the Court finds that the amount in controversy requirement is satisfied. The question before the Court is whether, for the purposes of diversity jurisdiction, Wells Fargo is also a citizen of California. See, e.g., Uriarte v. Wells Fargo Bank, N.A., 2011 U.S. Dist. LEXIS 127497 at *9, 2011 WL 5295285 at *2-3 (S.D.Cal. Nov. 3, 2011) (<HOLDING>). But see Flores v. Wells Fargo Bank, N.A. 2012
Holding statements: (A) holding that for a domestic corporation the foreign principal place of business does not count (B) holding that the location of a corporations principal place of business for diversity purposes is the state where the corporation has its headquarters or nerve center (C) holding that if a domestic corporations principal place of business is abroad the foreign principal place of business cannot be considered for diversity jurisdiction purposes (D) holding that wells fargo is also a citizen of california where it has its principal place of business (E) holding that for diversity purposes a national bank is a citizen of the state of its principal place of business and the state listed in its organizational certificate

Ex Output:
holding that for a domestic corporation the foreign principal place of business does not count