to specific instructions not to provide the name of that sentencing judge to the defendant so there are deviants here which could easily be addressed i said we need to do that why wifey to defend and be unable to take a judge office here in this particular case i believe that the focus has to be on the judge because that's that or it's not directed to the defendant it's directed to the judge commencement of this hearing by mr all and of these threats they were brought out on the table and this was the first time i'd ever heard of them and this is a judge who had just days before granted a continu that in part because i was not aware until the very end of that what i perceived to be the fundamental inconsistency in the judge's position here which is on the one hand he got the sentence and then when the judge saying it was an attempt to so he don't have the judge saying later on that something i perceive as contradictory that suggests to me that the judge believes that this person distinguishing factors say this is a manipulation to threaten a federal judge situated in idaho where as a threat against a state judge to aid in idaho and a president the united states going to prosecute or have real import to them and motivated by an attempt to get the job prop eight if you don't get off my case i will go you and i have friends have sighed how you do it can be real and also to get the judge off the case but the very thing he was being sentenced for that i was making a threat for a judge and i just find it isn't the law that if the idea is to manipulate the judge off the case and won't work i don't know that there's ever  and there is no articulation by the trial judge of how you distinguish threats to could really make you fear for your own life and threats which are simply attempts impartiality but if you're getting killed whether you just hate the guy or have contempt for the guy all of those things might affect your impartiality even if you don't hear it useful you know you hearing that  whether it's an attempt to manipulate the judge our case i guess i'm more concerned with fact that i think the judge gave a lot of weight to the possibility of the grass being carried out all of threats in this case one th either another and the very fact that from within a prison this person could get the judge's home phone number which i would have no idea of how to go about doing suggests that there may be a little more to this than recommendation that was decided is it high or low under the guidelines the fan flew off of that guidelines and what was the bottom believe it was sixteen months but i think it's within the body of the sentencing hearing it certainly was in the whether that's true or not i'm not sure i understand i'm saying it's undercut by later things that the judge said during the course of this hearing when he said so contrary to what he says if he's given the opportunity he has the ability to period did did you take a breath through that i know i didn't which i can see may undercut my argument that then i didn't in any context conclude that contrary to what he said if given often carried out in the press because of this individual parent again parents sent a clean outside of the record self mutilate and one of his favorite tactics to take a victim open up his arm started in there and then somehow keep it in there and the last time he did this which was after being sentenced in this case and while he was still a prisoner at the out a maximum security and he became sapphic was a result of this and he now has a co op and almost lost a leg so that whatever ability if any he may have had one point had carried out threats as yet for the home from admire your integrity as a defense lawyer and pursuing his defense delicately as you have pleased the court allan borough in boise idaho on behalf of the united states going to fight could i'd like to pick up your remarks at the very end there complimenting mr gordon i think the record employee demonstrates that he more than went the extra mile and also going over backwards in order to zealously represent this client at the end of the sentencing hearing mr gordon referred to a motion to withdraw as counsel which he had filed with judge lodge that motion is document number already in the district or clerk's record thanked judge lodge for not granting his motion for keeping him on case and this also is outside the record but having known mr gordon for some number of years as well as the general contours of the bar and boise i don't know if there's anybody else who could have done this or who would have stuck through mr gordon was mr holland's third attorney  first one quickly got off the case then the public defenders were appointed and dick ruben who's the head public defender there who's excellent at relating to clients and people subsequently f motion to withdraw to get off the case and then mr gordon was appointed but missed the reason that judge lauds moved the sentencing forward i would submit from the record had the obscene phone calls and the and the threats to han and his staff i think he was more concerned about his fast and psychological effects upon them than he was for himself and in any event judge lodge docket document number forty one on april the twelfth of two thousand and six denied mr gordon's motion to withdraw but at the end of the order stated that he would move the sentencing up so it was clear that motivated the judge was the the mental anguish that this defendant was putting mr gordon and his staff the judge noted that the pre sentence report everything was done it was nothing left done and it is clear from that order that he was moving the sentencing forward to stop this torture if you will furthermore i do not think the judge's comments are inconsistent that he addressed on the one hand mr holland's argument to the court that i'm really not a threat to anybody your honor i'm on i'm not a violent person when the judge was saying well your record indicates that you could  would carry out threats if given the opportunity he's referring to mr holland's vast criminal record a number of charges for armed robbery for example at least one or two of which resulted in convictions he's referring to mr hollins statements to those who are examining him psychiatrically that he would do people harm if he had a chance to do it and that he couldn't basically you cannot be released because he would do somebody harm if it becomes like been the judge a statement that on the one hand i didn't i didn't i don't take this seriously and i think he's trying to manipulate it is  pointed out you can have both of those mixed and in the for example the greens being in case the tenth circuit case they they refer to the fact that if one of the defendants motivation is to delay or manipulate the court system that sufficient for the judge to say i'm not going to recuse myself i'm not going to allow you to manipulate the system it doesn't have to be the sole mode as long as it's one of the motives but furthermore i would argue that under the record here that the judgment the judge's comments were not inconsistent at all on the one hand talking about the offense conduct here he is addressing the defendant's claim that he would never do anybody harm and in the judge is saying look at your criminal record on the other hand what the judge is talking about is the evidence of how the defendant has attempted to manipulate the system in this particular case on april the third the judge had to enter an order denying emotions and  was based on a letter received directly from mr holland so mr holland sent the judge a letter complaining about mr gordon saying mr gordon wasn't doing anything for a minute if there's anything that paints a ridiculous it's that accusation and requesting a minimum of ninety days continue so the defendant has requested that again on april the tenth the defendant writes another letter to the judge requires doing another continuance and then you have one a gordon's motion to withdraw based on the defendant's continually leaving all these phone messages with him and so you have evidence in this particular case of this defendant trying to manipulate the system trying to drag out his sentencing for no reason you have statements by the defendant made to psychiatric examiners in the and so forth that he wanted to get into the federal system why would you do that commit a federal crime you have his past history absolutely could i mean it was apparently was a phone message left on the voice message i don't have any idea exactly what was stated what judge live says is that he left a message that could be interpreted as a threat that some might interpret it as a threat i think i think if he i think if the judge that's an interesting question or and i'll i'll be as candid as i can in a problem with hypotheticals is that you never have enough facts but with that caveat here you know we're angels fear to tread ghouls so here right where it's manipulative i don't understand what the tension is very manipulative and real i'm thinking to pose that  simply can't reward that because it's just going to happen with the next judge i mean you know you may have a undisclosed name you could you could have the judge come in and no nameplate but the defendant can say hey you whatever your name is i'm going to get you know i'm going to kill your family i want to kill your kids the other thing i would point out and i'm and it's see my time is up is that the record here clearly shows that judge lodge was not prejudiced against the defendant if you look at the way he handled the sentencing he gave evidence when the facts indicate the defendant the one of his motives is to jerk the system around in the nicolaides the system at that point that the judge has a duty to si winery case which is this court case that's nine sixty seven f second twelve eighty i believe it's also discussed in the daily use case sixty eight f third eleven twenty nine and in the a my colleague's kind remarks i would like to point out for the court that i now have the reputation among court personnel of being able to handle the crazies and so every time there's a defendant of questionable th