government i'm tempted to point out to the judge these are not in the public appendix but they are in the record if you look at the documents twenty twenty six and twenty seven in the record three years leading up to this certain scene here in the district court every one point in the hearing and says to the defense attorney i've heard all this i've heard all this give me something new i am thinking of a seventy indications that district judges around the united states are frequently impressed by what the defendant says it elocution and it is we are isn't it difficult for a panel on a cold record to not make up his or her mind based on what they read before they come on the bench at sentencing i mean the constitution requires that they have an open mind and listen to and make that right money stop you for a minute one of the reasons that the district court gave is disagreement with the sentencing guidelines with respect to possession of child pornography as opposed to distribution and you actually submitted some charts and and every pore and in that report it's pretty clear that judges all over the country have problems with that the guideline on possession and in fact your charts showing sentences of prison for possession actually show the instances where that they were given no time no no prison time and it's not the average sentence but it does happen so when you say that he had multiple images he used a computer and he had young children all of that what this report attached to showing is that that's not that's that's the run of the mine possession case of child pornography these things that are in han district judge gave considerable weight in the ultimate determination to get five years probation based at least to some maybe great weight based on his disagreement with that the important not to place your on probation but he knows this defendant is not going to jail while his plea is pending so that that reason simply does not justify the end result i also that there's you know if you look at the thirty five or fifty three a factors i know he considered but is this just punishment does this deter others from this kind of misconduct or even mr cook so what's didn't think there should be a requirement that to be some pretty well it'd certainly lots of discretion but again you know there may be discretion you have a first time offender who has a couple of images and they're he went to communities three different websites he requested something or at least one of those websites from other members of the community he was caught by his family in the basement computer  sense that they're complaining that they were facts that they think were relied on the wrong and i think that's frustrating because that's because there is a doctrine that covers that in to some extent when you're saying that the district court did not adequately or in accurately explain what it did it sort of bullied over into our substantive review not going to find any contrary evidence presented on behalf of your client that's the only evidence that we have under thirty five fifty three eighty six of the nationwide average right things and if we also look undisputed at least in terms of the evidence jury record we have seven specific examples that were the government is presented and presented to judge more of possession of child pornography  guidelines range then a core of ninety one less than this defendant had right but so if so if we look at thirty five fifty three eighty six and we evaluate based on the evidence or iraq or that we have have do we do anything other than saying at least this factor which we have led in other cases they say that this is a very important factor that this wa terms in this case that's twenty years so mr cookson has five years and if he doesn't he could go to prison for a really long time and that actually happened it's where the district court put people on reasonable because this person has gotten off of drugs and there was a positive drug test in the past and in this case judge martin said this person has turned his life around because he got away from his family all those the same family that told him to get off the child pornography and so he got under there what the way from they have so i don't know how moving away stresses serially in your favor but but so he gets a job well that's that's all the re