procedural screens to play and are not in our bodies we are certain number of procedural irregularities but always the courts writes otherwise i'd like to begin with what i perceive to be the most egregious of th address counsel's arguments for a lower sentence relating to ms yoder personal characteristics mainly her intellectual disability for a man ability to treat her very low risk of  it's it was informed by her tragic history i believe with the words so in the court considering that very point the court only considered only addressed the tragic history point which was the history of  with that counsel made arguments relating to both miss yodelers history and her characteristics history of sexual abuse and wishing made arguments to the characteristics it wasn't about the fact that we showed her was intellectual disabled as a child it was a fact it was no matter of the fact we look at her mental state at the time of the a fan's look at her characteristics and really for the fact that she's intellectually disabled she's a predator she's not a pedophile she's actually truly an animal to treatment and she has a very low risk of rivendell true looking for the future immature to get his hearing hear you say the judge didn't consider those things if you look at the statement of reasons that get issued by the court the court is very specific on that it consider her psychosis mild mental retardation mild intellectual disability as being since all in the treatment component they'll get no get acknowledged by the district court by the nature of the sentence imposed including requiring that she participate in treatment that she gets her medication our job is to make sure that we can understand what that's correct there was no proof contrary evidence or testimony that was presented so that this record never addressed those arguments and in this court is clear it's not what the district court might have intended by her comments it's what the district court that could have been cured at the sentencing and it wasn't and so we need to determine whether whether it was our at all and if it was ever weather effects the fairness of the proceedings in terri the proceedings and taken together between the statement of reasons together with the jet with what the judge said about the on the the defendant herself recognizing her tragic history recognize the impact of her conduct on others recognizing the need to protect her children and others how can this court different because as as as the as at least as reported in the third circuit opinion there was no indication there was any consideration about the individual him or herself it was more about the nature of the crime and that was the concern of the panel was that we didn't take into account who the offender was in this instance we have made comments by the court saying that she had to consider who was he taking account not only the person who stands in front but also the c stated that so this court sent it back same here it may be that the district court might have intended by its comments to be trying to respond to the specific arguments about a it's i gather is the one you're most seem to find the biggest omission of out on the court talks about the fact that there is a need to protect her children and other children which if demonstrates i'm taking into account the person that stands here i'm taking into account your history your history that was presented to the core the crew takes that into consideration and then having th will i respectfully and strongly disagree she doesn't simply say i considered everything that was presented to me and i know it was in the sense she says i've been sitting here tragic history i consider he was a person i considered w presented to me by the psychiatry has but one also when it is the fact that this was a horrendous crime that you were responsible for your children you're supposed to protect your children judge considered the appropriate things and on this if he will whether we can understand what that you have headline well and fires me here for example your honor this court when the judge sentencing judge