objection when i think it had occurred to me is that because there was no objection when he used the chair a battered woman i mean there's a medical diagnosis a battered woman syndrome and then there's just the fact of someone being added but regardless it was used in the p s r and there was the objection oh i mean i think actually she she was a woman who had been battered we don't we don't dispute that the concern that i have this is that seemed to take the position that she her return to her batterer was somehow impelled i ever status as a as a battered woman and i think that that there's not an intimate relationship she's not going back to actually mr graham because she because she wants to rekindle the relationship or maintain a relationship the reason she's going back is she she wants drugs he has to give them obviously a steep price does your does your argument depend then on us saying it's clear error for us to conclude for the judge to conclude otherwise that there might have been more to particular relationship between these two than just the transactional description of it that you get and i think i think that that is actually so you don't think it was  that there may have been more than just a transactional basis then you have no objection to the application of the enhanced meant and i could continue to have an objection because i think the predominant factors here and the fact that she is that she violence done to the victim your contention is that alone is not enough to make you are usually wallner of all but if there was more to it than that at the district court seem to think that the nature of the violence done to her resulted in an unusual her batterer and then yes i think that's correct and we obviously don't think the record support staff and the court didn't the court point to your client's take meds to she did not reinitiate a relationship she she basically back or for drugs or at least that's not reading the record when she broke away from him the st time get her and that is very often not the case and so so this is this is an individual who did have some resources available to her and i think because she had those resources available to her the usual  under the guidelines but i'm going to go higher on my sentencing wrote her lower case i think this she is she wasn't unusual if not too unusual enough to qualifying of the guidelines like she was in a very vulnerable position there was a repetitive relationship when the going to have discretion in just setting a sentence after having calculated the guidelines to get well i think the judge has that discretion about her situation that made her i usually both go it was the period of time and so lie in august of two thousand and fifteen which the record shows jr and during an escalating pattern of abuse from mr brown culminating into and usually vicious assaults she was able to escape at that point but the district court in our view supportively concluded that after she had been away from him for several months when she reconnected with him in december she quite easily fell back into the truck to a relationship with and then the court concluded that at that point she was in the courts words a battered woman that she had endured such seri physical abuse that she was essentially unable d to resist the tropics so you are you agree that she engaged in price to two should before she met him the record shows that it was very briefly your honor i think maybe for  month in our view where she and usually vulnerable then i think that there may have been an argument to be made that at some point during the trafficking relationship in the summer if she did become unusually vulnerable i think  the district court here did as took an extremely cautious approach because the physical abuse was escalating during that period of the summer again culminating in these two extremely serious assaults and so being extremely cautious the court concluded that basically at that point when that ended graham had that her current is the mission so that when she saw him again in december she was unable to resist the trafficking and that's really what  can be your honor the statute speaks in terms of force fraud or coercion so there are certain there are different methods of trafficking physical abuse absolutely we agree i can be one of them i think what the court found in this case  this abuse was really awful for lack of a better word and jr describes it escalating if you look at her grand jury testimony which was provided to the court at sentencing she talks about how he originally would it began with sort of slapping her you describe it as like u f c fighting other witnesses describe jr being covered and bruises and different colors so i think with the court concluded is that the abuse had become so bad relationship jr and her grand jury testimony describes grand she said at one point i thought he was the love of my life and certainly he talked in terms of loving her so i don't think it's correct to say that this was purely transactional on her part as she had an emotional connection to this man that mr graham of course also manipulated i also do not think it's a case that she went back to prostitution after the relationship ended at least at the time she testified in the grand jury she talked about when she finally escaped from him at the end of december i went to the hospital she had been clean and sober rather that moment and had gone and she home for survivors of human trafficking so i just wanted to correct both of those factual points but again i think what the court did here was take a  sort of a nuanced view look at the two periods of trafficking there were several months in between when jr was not being tropic was not engaging in prostitution and yet as soon as she sees mr graham again she falls right back into it with prostitution after he was out of her life that based on the record we have it appears you know that by this when she testified in the grand jury she said that when she escaped from them the final time and went to the hospital after the last beating in december doesn't mention any characteristics particularly that would help me understand what the cool word is so that i could then understand who's unusual with it and that obviously in this case there's extreme  and as you say there's a relationship but there's nothing from the commission that i'm aware of that defines the typical victim and what's a court supposed to do just from the government's perspective what is the court's was to look to to try and determine i mean at one level there's not even a mention in the statue of drug addiction yet there seems to be some shared understanding that that's a very common  attribute victims of trafficking such that if you show that you have an extreme addiction that might not be enough to slow you and usually vulnerable but i don't know where i'm supposed to get the information that i would look to to figure out what the word is so i could discern who's unusual karen that there seems to have developed this shared understanding i think perhaps her coming after this court's decision in fact you know it's been adopted by other circuits that was dealing with the mann act and this is obviously different statute although they are i think designed to another country for a job and it turned out she was being prosecuted instead and the th circuit said you know certainly that could happen and many sex trafficking cases but that victim wasn't usually vulnerable because she didn't speak english she had no family there  victims are going to share many of our abilities but that in a particular case the court might think the better ability is at such a degree and i just dropped it because one thing that made some sense to me was that the idea should be that if the base offense level for the crime already took account of the seriousness of the conduct and was some indication the commission already had an idea of conduct that it was triggering the base of fans level four it would be unusual and i don't think there was any empirical evidence that was the netted on this record and i would i would submit that with any crime that might be a hard thing to to obtain obviously some studies are done but it started things measure i would i would look for examples of fraud statutes work work for the five vulnerable victims and handsome and i think the court just sort of uses its general knowledge of what fraud crime looks