instruction:
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.
question:
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
answer:
(D)

question:
676 F.2d 969, 975 (3d Cir. 1982); Carty v. Schneider, 986 F. Supp. 933, 38 V.I. 213 (D.V.I. 1997). In contrast, a fine is a criminal contempt sanction if the amount of the fine is fixed and imposed unconditionally as a punishment for past disobedience. See Hicks, 485 U.S. at 632-33 ("An unconditional penalty is criminal in nature because it is solely and exclusively punitive in character." (citations and quotations omitted)); see also Latrobe Steel Co., 545 F.2d at 1343 ("[T]he penalties arising out of adjudications of criminal contempt are generally an absolute fine of a specific amount . . . ."). Criminal fines are retroactive, and may not be avoided by purging the contemptuous conduct. See Penfield Co. of Cal. v. SEC, 330 U.S. 585, 590, 67 S. Ct. 918, 921, 91 L. Ed. 1117 (1947) (<HOLDING>). Here, the June 13, 2006, order was phrased in
Holding statements: (A) recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error (B) holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it (C) holding that a flat unconditional fine for 50 was a criminal sanction because the contemnor had no subsequent opportunity to reduce or avoid the fine through compliance (D) holding that a fiftytwo million dollar fine could not be imposed as a sanction for criminal contempt except through a jury trial (E) holding that the failure to impose a mandatory fine requires that the matter be remanded for imposition of that fine
answer:
(C)

question:
3 . As noted previously, this presumption may be rebutted "where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service." 38 U.S.C. 1111; see Horn, 25 Vet.App. at 235. 4 . Board findings regarding whether a claimant suffered from an injury or disease in service, and whether that in-service disease or injury is related to a current disability or one that preexisted service, are questions of fact to be reviewed by the Court under the "clearly erroneous" standard. McLendon v. Nicholson, 20 Vet.App. 79, 82 (2006) (Board's finding that a veteran suffered an in-service event, injury, or disease is reviewed under the "clearly erroneous" standard); Coghill v. Brown, 8 Vet.App. 342, 345 (1995) (<HOLDING>); Gilbert v. Derwinski, 1 Vet.App. 49, 52
Holding statements: (A) holding that the district courts finding of no discrimination under title vii was not clearly erroneous because the finding was supported by the record (B) holding that boards finding of no relationship between any inservice injury and a current disability was not clearly erroneous (C) holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record (D) holding that when court applies the clearly erroneous standard court may not reverse boards finding of fact if after court reviews the record in its entirety the finding is supported by a plausible basis (E) holding bankruptcy courts finding of proximate causation not to be clearly erroneous
answer:
(B)