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.
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Question: 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

Answer: (A)

Question: is "doubtful that the judicial interpretation of advisory Sentencing Guidelines promulgated by an independent commission implicates either of the twin concerns that motivate the rule of lenity.," United States v. Wright, 607 F.3d 708, 719 (11th Cir. 2010) (William Pryor, J., concurring). And in any event, the text of the guideline is clear" 'prior sentence' means a sentence imposed prior to sentencing on the instant Qffense," U.S.S.G. 4A1.2 cmt. 1. ' Burke's alternative'ground for appeal that the district court erred in calculating his sentence because his 1999 Florida conviction for armed robbery is not a "crime of violence" as that term is used in section 2K2.1(4)(A) of the Guidelinesis foreclosed by binding precedent. United States v. Fritts, 841 F.3d 937, 938 (11th Cir. 2016) (<HOLDING>); Lockley, 632 F.3d at 1246 (holding that a
Holding statements: (A) holding that armed robbery suspect was entitled to bail hearing even though armed robbery was considered capital offense under mississippi law because maximum sentence was life imprisonment (B) holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act (C) holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act (D) holding that violence is synonymous with force in affirming armed robbery conviction (E) holding that attempted burglary under florida law qualified as a crime of violence under the armed career criminal act 18 usc 924e2biihereinafter acca because it involves conduct that presents a serious potential risk of physical injury to another

Answer: (B)

Question: the garnishee but are still subject to a contingency that has not occurred and thus has not assuredly made the money the debtor's own." Id. at 1356 n. 34; see also Cummings Gen, Tire Co. v. Volpe Constr. Co., 230 A.2d 712, 713 (D.C.1967) ("[M]oney payable upon a contingency or condition is not subject to garnishment until the contingency has happened or the condition has been fulfilled"). Accordingly, the District of Columbia Court of Appeals has long held that future rental payment to be owed by a tenant constitutes a "contingent liability" at the time that a writ of garnishment is levied, and therefore, is not considered a "credit" that may be attached by a judg ment creditor under Section 16-546. United States Fidelity & Guar. Co. v. Wrenn, 67 App.D.C. 94, 89 F.2d 838, 840-41 (1937) (<HOLDING>); see also Smith, 644 A.2d at 1356 n. 34
Holding statements: (A) holding that back rent is debt under the fdcpa (B) holding lessor entitled to full months rent when rent due on first of month and lease rejected on second (C) holding that unearned rent is not a debt and instead constitutes a contingent liability because rent does not accrue to the lessor as a debt unless the lessee has enjoyed the use of the land (D) holding that future rent is not attachable under statute providing that a debt is not attachable unless it is certain to become due (E) holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or

Answer:
(C)