a mr lonely object is the basis of the objection was that the dismiss stage charge which form the the facts of circumstances which formed the basis of the federal charge were used to enhance and in other words the court reversed the application of the two k to enhancement and the language was that because nearly every federal weapons offense could be simultaneously charged and state crime allowing the state crime to count as quote unquote another felon runners the terms of purfling runners i think this is the situation here that was the identical state crime now we've got a different state crime here one has to do with status offense possession that's the crime of conviction here and  normal for people who have illegal weapons to go around shooting them in the air for me judge no i don't know what that one certainly was talking about to you i'm talking about people who own guns illegally whom there are millions they still go around shooting shooting their gun of the air right that's a very that's an particular use of a gun which is quite different from just possession the gun you are in this particular case my argument to this court headed to the lower court was looking at the time factor here mr let's see what t but in cases that follow and it's another of justice by our case and it's making any sense because you're suggesting someone who has an illegal gun you know like millions of other people  is is just as culpable as someone who having the illegal gun goes around shooting with sir i think in this case we have to look at the facts and circumstances of this particular case how these offenses unfolded within a very finite limit amount of time in other cases that time have to do with well i think george that was important in subsequent cases like him the possession that took place it was on that night was on january first two thousand and fourteen that lee who says he was a felon in possession of drugs he was on pretrial release for the same exact charge and before another for another judge my point is judge when did he put it when did he acquire possession of the gun that particular gun that particular night and he immediately took it and started shooting i i believe was a new year celebration judge and then at that particular point the police identified him chased him effort handed them my point is judgment in other cases that this court has announced there's been a it a stepping stone  states the district court did not air and imply in applying this four level enhancement for having possessed a firearm in connection with another felony because there were two separate felonies committed at the exact same time the first felony w possession of a firearm which is why mr langley was charged with having committed the second was firing that same exact firearm into the air five times in a city alley which constituted a second felony reckless discharge of a firearm which is a felony under illinois state law that's exactly the conduct that this enhanced man is expected to punish and why the enhancement was applied and so if there are no questions from the panel the government would ask that you affirm the sentence of mr lamb like ok well thank you very