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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

dominion and control over” the weapon. Id. at 126 (quoting Evans, 888 F.2d at 895). The case law in this circuit, then, clearly recognizes that under the statute an individual “carries” a firearm when it is within an accessible distance from that individual. Although this circuit has not addressed the definition of “carry” since the Supreme Court’s decision in Bailey, other circuits nave addressed the issue and continue to define “carry” broadly. Most circuits agree that a weapon must be accessible to the defendant in order to meet the definition of “carry.” In United States v. Giraldo, 80 F.3d 667 (2nd Cir.1996), a firearm located in a secret compa 4 (4th Cir.1997) (finding that firearm need not be accessible to be “carried”); United States v. Molina, 102 F.3d 928 (7th Cir.1996) (<HOLDING>); United States v. Miller, 84 F.3d 1244, 
 Holding statements: (A) holding that the twolevel enhancement was appropriate where drugs cash and drug scales were found in defendants parlor and a gun was found in a secret compartment in defendants bathroom vanity (B) holding that use of gun was attributable to defendant who aided and abetted armed robbery but never personally carried gun (C) holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle (D) holding that gun found in unreachable secret compartment in vehicle was carried (E) holding that a defendant may not be charged with two separate offenses premised on two amounts of cocaine one found in a box and one found in a bag located in the passenger compartment of the defendants vehicle
(D)

v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. § 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE’s discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The “Restricted” Experiments We do not reach the issue of whether the DOE’s decision not to include information about “restricted” experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court’s ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a 
 Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived
(A)

cert. denied, 464 U.S. 818, 104 S.Ct. 77, 78 L.Ed.2d 89 (1983). Moreover, in Shepherd v. Am. Broad. Cos., Inc., 62 F.3d 1469, 1476-1478 (D.C.Cir.1995), the D.C. Circuit held that prior to imposing the sanction of dismissal or default for fraud upon the court, the fraud must be proven by clear and convincing evidence. (citing Aoude v. Mobil Oil Corp., 892 F.2d 1115 (1st Cir.1989); Pfizer, Inc. v. Int’l Rectifier Corp., 538 F.2d 180, 195 (8th Cir.1976), cert. denied, 429 U.S. 1040, 97 S.Ct. 738, 50 L.Ed.2d 751 (1977)). Courts are split as to whether perjury or false statements, standing alone, provide a sufficient basis for the imposition of sanctions pursuant to the Court’s inherent authority. See Kadri v. Johnson, No. 03-2562 MW, 2005 WL 3454330, *2-*3 (W.D.Tenn. Dec.16, 2005) (<HOLDING>) (citing Quality Tech. Co. v. Stone & Webster 
 Holding statements: (A) holding that perjured testimony standing alone does not constitute fraud upon the court (B) holding witnesss testimony identifying appellant is sufficient standing alone to support conviction (C) holding that probation does not constitute a sentence (D) holding that threats standing alone generally do not constitute past persecution (E) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment

(A)