i'm concerned though about whether the evidence just makes up the lack of capacity which i think is the core of your argument would it look like you've made out with just it's a bigger deal than it's used to and he doesn't know all these people and they don't want only him so he wants his money upfront he doesn't want to be at risk financially well why isn't there at least state permissible interpretation and there's no use of discretion is that the court never never reached the capacity issue the court never made a finding our capacity the court resolve the matter in one sentence proclamation from the bench stating that the defendant was ready and willing to of the quantity of the trust controlled substances that you would have dealt with before in this case he had only if the government as much as conceded that they had no information other than from the informant that suggested that he dealt with only a quarter pound quantities and still our position was throughout not that he was unwilling to engage in a two pound transaction but he was incapable of doing it until the government provided the two thousand dollars buy or up front money and in fact he postponed use this trip from california oregon until he could confirm by the stores that the money was received and i can do it but i can't do it on credit it's going up five pounds that's what the deal but it turns out that's what the deal was all about and he produced five concent behinds cases out of the district of columbia circuit tell us that if your client producers that's pretty much the end of an under these circumstances no your honor the second part of the test is a disjunctive is could you have done it you can intend to do it the second part of the test which is the wealth which allows you entitle you to release it but you really could have done it so we ignore the fact that he did that's we we don't i keep translating this to my mind to legal commerce as a way of measuring whether somebody has the capacity and i'm thinking suppose you're a very small viewer and some sort of legal good one thing this can time for you've ever ordered from us and we can't do it all our credit like we've been doing you've got to have some money up front so part of the contract field that is negotiated is some sort of progress payme or i or because well first off i guess it is somewhat analogous to that first off we're dealing with legitimate business versus illegitimate business and there are some overlays there but in this case still the issue is that he did not have providing the resources and lacks the capacity to bind my house thirty years ago unless i give him a big down payment they wouldn't give me credit for one hundred percent but i sure didn't like the capacity to buy the house and i had after that it's clear that he believes there's a lot of planning that used to go into this disease not done this before and it wasn't until the two thousand dollars was received by the stores that he was able to acquire the quantity and bring it to oregon thank you one of the  we are viewing this in the wrong context because this week you have a mouse in your pocket i think are you still confused i think you know i'm not confused but i think the defense has been viewing this argument in the wrong context  promises we can't induce this defendant that commit a crime greater than what he is already willing to give him the resources to do it but there's no question that we can give him the opportunity to pounds not something where number two this is the situation where a measure he has already said look i would like to bring nine or ten pounds to organize this number three when you look at the transcript