which probably stems from some problem with our certificate of a bill of appeal ability practice which is why when the bottom line of the district court's opinion says that the reasons for that and what the defendant got was recently right and so so there is a dispute about the quantity of drugs that will be worked out at the new sentencing what other relief could you get no that you don't already well that's that's a good question i suppose any that's why we're starting sure it's battling it out and it's really i actually seriously think this is not your fault that we need to and smart anyway right the arguments your client wants to make about quantity right will be raised the problem think about now he has been recent times in fact presumably all the arguments he wanted to make about quantity were raised well and i'm not sure was granted so he was response to a term of two hundred forty eight months i think we need to see both the judgment and the transcript of the sentencing i agree your honor i'm not sure the transcript has been ordered yet so that's that's something that i'd like to do so we can give both sides maybe a little more time than we used to but if when you when you do that i also think you need to say why this issue has to be raised now if the district judge at the reset and sings i'm just going to use the prior relevant conduct determination i refused to consider it that issue can be appealed right under direct that issue was before us well i agree with that that the next problem that i envisage is that a direct appeal has her nose of appeal has not been filed perhaps or some procedural ways around that given the real minds on this case pending on here if you severed the two parts of the requested grounds of relief and one thing you seem to be very worried about was the use of the prosser for conviction that is i understand this appeals just about sentence and proffers counties sentencing so i didn't i couldn't come up with anything that that had any teeth to age the the claim is that under the terms of the proffer this was not to be used against him directly either during trial or as relevant conduct at sentencing and that that's a typical term of proffer agreements as the defendant will come in and the united states says we won't use this it directly against your trial or for the purposes of calculating the drug quantity it sounds so well right the evidentiary issues are different to trial and sentencing the right  think three weeks is long enough well or weeks in order to take a look at the transcript usually when i order transcripts it takes at least two or three weeks obviously we can act we can ask for an expedited transcript of that i guess i would ask for  a month from now given the thanksgiving holiday in between i mean if i see no reason not to give you that much time so we'll so you can furnish us the materials the transcript and the new judgment court my name is bob what on behalf of the government i have to say i'm thinking through all the things the court addressed to that bill and trying to figure out how they would work in tandem with the issues  perfectly amenable to all of the procedures timelines etc that the court proposes but logically i could haven't come to a conclusion yet as how it interacts with the right will you will have an opportunity and a memo that you whether or not that show an untimely notice of appeal if not in a criminal case anyway addressed directional the right and united states would have to consider whether to a short on time of this if everybody's been confused by this premature right preliminary and perhaps final beyond that is that it even given the finale concerns veteran everything like that it might be and just given the overall confusion created by everyone involved confusion which apparently shared on both sides of this appeal it is and and given that i wouldn't consider it particularly just to push timeliness as an issue  always asserted i'm glad to say i think there's a considered judgment in each case and so right and it doesn't sound to me like it would be particularly fair under the circumstances to assert it particularly since it might lead to another ineffective yes yes all right thank you very much and we will