calculation of mr gonzales his criminal history score so that is the way i will proceed i would note that you now as this is very helpful if you actually have chapters for a one point one in one point two before you if the received a partial suspension sentence and they were not counted in two other ones he received get a totally suspended sentence and those were each counted as one point towards his criminal history score so the question is whether the district court er well and at this point it may just be a rhetorical argument because i think that the result that we're asking for is that the totally suspended sentence should be should not be counted and i was a little bit confused as well because even under commanders fernandas it distinguished williams and said in in hernandez the court said we would not count a partially suspended sentence but in but that's different than williams which did count a totally suspended sentence and i think hernandez was saying that under one point two nine b which defines a sentence of imprisonment one point two b two tops only about a partially suspended sentence and i think that's what hernandez from the end is focused on and seemed to come to the conclusion that if this fence is only partially suspended we only count that portion not two so what the application note tells me is that a partially suspended sentence counts as a sentence of imprisonment to the extent that it was not suspended but a totally suspended sentence does not even game plan after whatever happens here that would be nice i was not the original appellate attorney i was saying in this case about two weeks ago or so but i have been making the williams argument in any case that comes out just generally saying williams was wrongly decided in and we need to go through and i'd be happy to point out to the court why williams doesn't go far enough and and even point out why i think randy has didn't go far enough and now i seeing that misdemeanor convictions but that ok under williams the court basically said that the six month suspended sentence was totally suspended and that the totally suspended sentence constituted lea cryer sentence and was counted under one point have to be one point two b and said that sense of imprisonment was pretty much the same as a term of imprisonment and again said that if a sentence is partially suspended we only count the man suspended part and in that  under the analysis if you use application no number two the way it comes out is that he also misses our prior sentences partially suspended sentence suspended sentence would constitute a prior stands however it would have a term of imprisonment less than thirty days because basically wouldn't have a term of imprisonment at all and therefore be excluded under steve one day and the  guideline i lays it out the of easier just for the government to join and petition for in bank and clean this just seems strange to me when i said as a district court judge that someone i thought shouldn't go to jail at all is going to be penalize more than someone i thought should get a split sentence just breaks me as has a very strange thing and maybe the court should relook at williams i don't know what if you can assert the government's position but  is a matter of the interest of justice should we continue to chip away making distinctions which are stranger williams or should we just face it and not suffer the next ten years of these kinds of cases i notice i'm not proposing anything or a suggestion how i feel on it and i assume you're not in a position to represent the government one way or the other on that particular issue no you are in fact that would be something that partner justice back who gets as being so much security as the way around taker this particular person maybe they're asked what we're going to be doing so maybe you could tell us why you think your analysis is incorrect again i start off with the guidelines and looking at the guidelines what they do is they start off by saying what points to do count and they go to specific exclusions and what they do is they is the analysis of three or we go on down to sixty one and look at the further qualifications it says for certain kinds of offen only if they meet certain requirements and they send you back to for a one point to see one and so you go back there to forty one point two three one which again don't get us to the issue of whether they're talking about an actual s whether they're talking about the issue of the suspended tolly suspended sentence and again what the government's done and what i think that i've had to do is i've had to look at  williams has done and i know the court is trying to say let's come in with a clean slate but there is some circularity to the circumstances and i agree with the court i think anybody would agree with the court that it is a circumstance where williams you know i understand we're doing a lot of very that suggestion is a lot of tinkering with williams which i'm not a big fan of but if we did choose to distinguish williams could we do it why couldn't we do it on that  basis i don't really have a response that i would say that of course the court can look at all of these factors and say that i feel that you know that there's just more than do that and if it's appropriate and if it's in the interest of justice and if that's the right thing to do