the nature of that firearm did in the stipulated conduct because it affects your sense i think that's also and this just occurred to me this morning i think that's also probably not accurate and i'd encourage you ask mr henderson about it because i don't know what somewhat grainy video that shows an object it's consistent with fire but it also shows mr fleming represent mr fleming holding it pointed back at himself in a way that someone would not usually look at are and one of the witnesses in the bank ferd and your client committee the prior one important yes we know we know that ladder robbery was armed and it was a real gun we also know from the record that what's his name mention that that enhances mr farming sense by a good five years in all those cases that the government cites except for thomas which is a drug case that talks about the sufficien speculation based on no firm evidence override a preponderance of evidence which was supported by the the factors of evidence given by the government to probation office put into the pre sentence report which their court then relied with mr fleming which statement was not protected one way and not immunized in any way and he was subjected to the very same enhanced meant so despite the preponderance of evidence he's saying speculation should overwrite that and that is the interest issue is because mr hurd would face the same penalty if he made that statement therefore we should take it this was having credibility correct correct and of course at the time he made the statement he didn't know anything about the guidelines or how that was going to factor in and that was a statement that he made to the f b i agents soon after his arrest ernest don't robbery and was and when that was factored in in his guidelines he did not teller saying oh it looked like a big gun it it looked like it was fake it was so big and scary and the codefendant further saying specifically that it was a clock forty unloaded what's the difference between  that first hand knowledge mr furred was involved in the planning of the robbery the preparation of the robbery the execution of the robbery he had plenty plenty of time exposure to the gun that mr fleming had to know what it was the teller was on the other hand victim of the traumatic event here that it was a fast evolving stressful frightening situation that lasted only a couple of minutes and they only had a brief few seconds to see it took to glance at this at this gun from a distance they didn't handle it and they weren't an expert on guns but that's that's a distinction from the lawsuit case where you had a teller who said oh i'm from your with guns and my father or grandfather have a gun just like that and it's the kind of guy that that person ha pointed out that fergus never asked if it was real it was unnecessary because his description of the gun made it unnecessary he described it as an unloaded glock forty caliber gun if it had been an air pistol or  as unloaded unless it were a real gun if he's trying to explain or try to trying to mitigate to the agents that are interviewing him about that bank robbery that oh well it was it was here's it wasn't as dangerous as you think it was because it was  senate's argument low and his bizarre you know feel here is all premised on pure speculation because there is there is there was never a statement when mr fleming was arrested he didn't give any statement about about the circumstances of error but he doesn't even get to that standard because he his speculation is not supported by any firm evidence again like i said not even a statement from the defendant directly that this simply was not a real gun this appeal and the argument before the court sentencing was nothing more than an unsupported theory argument and the district court was correct in relying upon the preponderance of evidence or actual evidence and particularly that those compelling statement of mr subject to that  i guess i don't know i think it comes down to whether you know that the rule appears to be if the defense can't show affirmatively that a foreign wasn't real then there's a presumption that it is real i think you can you can say well what is even matter people are still scared if it's convincing there but that's not the road we have to really have is that it has to be a real fire and i think in this case there is there are certain these it's more probable that it's a fire but