was a downward departure because mr cheney came forward to forward with the defense with the offense before it was evident it would have likely otherwise been discovered that was the agreement the government did recommend a downward departure so why was there a breach they did that the case agent that the government agrees an arm of the court that's true but there's a distinction made when a case intern or one arm of the government volunteers that information so when the when the probation department contacts this case the agent calls him on the phone and says you know do you have an opinion in this case he should have said  the contract language we have to read between the lines well when you when you agree to a certain downward departure as we did in this case that is the basis for which the case agent had to maintain a i thought the basis of what's in the contract is what's in the contract and that you may have had certain hopes or expectations desires you know maybe delusions that are not in the contract five k two point one six and that language state the information from smothers was not regarding whether or not the spenser to come forward whether or not there was a pending investigation that information came from the case agent as evidence in the published what it's ludicrous to impart to the probation office how do you deal with this language in the plea agreement and i'm reading now from page fourteen of the excerpt page eleven of the plea agreement at the very bottom because you know there was no objection and the language reads in the plea agreement if defendant believes the government's recommendation is not in accord with this agreement the senate will object at the time of the sentencing otherwise the objection will be deemed waived my answer that i no objection the language that i'm looking at here suggest that you waive the i think if you're saying stop us highly unusual he actually goes in and i didn't see anything in the in the opportunity to depart the this suggests the district judge just brought the opportunity to depart under a combination of circumstances due to the total so whose unusual nature of the way that the case came to our office he declined to do that and i think the record is really clear that he was really really influenced by the victim impact statements that were required by law to be brought to his attention and also the individuals who testify think well smith had a million dollars then he had nothing right and he also wrote in this letter he only turned himself and me to the defendant to the f b i because he knew i had filed a complaint with the san diego district attorney's office what followed was a year horrible litigation which of which would have been made much easier had family cooperated but he chose to stay hidden and thereby made a disastrous situation even worse that's a talking about that's pretty fair we had a lot of tears that day honor and  to do it as they say we offered him that another way of doing it because based on that same theory that the case of come to us an unusual fashion and under a combination of circumstances however the failure of a court to doubt were clipart is now but i was glad to hear you say the district court could do anything they want