Teacher: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.
Teacher: Now, understand the problem? Solve this instance: to alter the conclusion reached by the court." Shrader v. CSX Transportation Inc., 70 F.3d 255, 257 (2d Ci 2d 719 (2003). In any event, this Court fully discussed the merits of Concepcion's Apprendi claim and concluded that any sente lakely is applicable to the federal sentencing guidelines. Even if held to be applicable, the Supreme Court has not determined that Blakely applies retroactively to cases on collateral review. Therefore, the rule in Blakely is of no aid to Concepcion in the resolution of this motion. See Simpson v. United States, 376 F.3d 679, 681-682 (7th Cir.2004) (finding that, even if Blakely announced a new constitutional rule, "the Supreme Court has not made the Blakely rule applicable to cases on collateral review"); In re: Dean, 375 F.3d 1287, 1290 (11th Cir.2004) (<HOLDING>); Garcia, 2004 WL 1752588 at *5 (noting that
Holding statements: (A) holding that batson v kentucky does not apply retroactively to cases on collateral review (B) holding that blakely does not apply retroactively to 2255 motions (C) holding that the blakely rule does not apply retroactively on collateral review and cannot authorize a successive habeas petition (D) holding that apprendi does not apply on collateral review (E) holding that because apprendi does not apply retroactively neither does blakely
Student:
holding that batson v kentucky does not apply retroactively to cases on collateral review