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.

[EX Q]: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the
Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo
[EX A]: (D)

[EX Q]: 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
[EX A]: (A)

[EX Q]: violations that the Guidelines classify as Grade C, U.S. Sentencing Guidelines Manual ("U.S.S.G.") 7B 1.4(a), p.s., have not received prison terms following supervised release revocations. Mr. Manning's comparatively short sentence was imposed on March 31, 2008. Mr. Manning had been detained on the supervised release revocation charge for more than two months before sentencing. At this juncture, although the clock has not run on the ten months, if Mr. Manning was given the statutorily prescribed credit for that time, see, e.g., Weekes v. Fleming, 301 F.3d 1175, 1178 (10th Cir.2002) (construing 18 U.S.C. 3585(b)), in all likelihood he has completed his sentence. Indeed, publicly available Bureau of Prison records indicate that Mr. Manning completed his prison 883-84 (10th Cir.2008) (<HOLDING>). And, even if there were some very slight room
Holding statements: (A) holding that invitederror doctrine precludes defendant from challenging sentence of supervised release where defendant requested sentence of supervised release (B) holding that further supervised release may be ordered as a sentence for violation of supervised release (C) holding that reasonableness review applies to a sentence imposed upon a revocation of supervised release (D) holding that a completed term of confinement did not render a challenge to the reasonableness of a sentence moot where defendant could receive a reduced term of supervised release (E) holding substantive reasonableness sentencing challenge to be moot when defendant had completed prison sentence but addressing challenge to supervised release conditions
[EX A]:
(E)