happen is the passage of time and the garment but that yeah i'm not following what the relevance of that is for understanding brodie in other words the the force of the logic in but you that's a potentially a problem for you if i understand it is that when you have two offenses and you plead to both that can be understood as an admission that they're different so to just say well actually they're really different here and they work different there but i mean the whole idea is that youths you give up the argument about difference you know when you plead to two offenses knowing that they can only be brought against you if they're different you're that the admission counts as to the guilt for the offense the question is are you acknowledging it's the same offense or not and i thought broach she suggests that arguably you are conceding that they are a subset of the people in the other conspiracy or are we dealing with two conspiracies in which there are some overlapping people but each conspiracy also has in it other people not in the concern in the other conspiracy do you understand if i understand i would say you please the court damn lemon for the united states i will turn to the merits in a minute because i know the court was interested in that but before we get there i just want to make clear that the defendant is guilty plea which double jeopardy claim is barred for two reasons issue no that's not the rule your honor and so in united states versus class itself the what the court held and this came up earlier is that a guilty plea by itself does not bar a defendant from challenging the constitutionality of his conviction the the waiver if the waiver stood that would be quote the end of the matter the court went on to say that the waiver was not knowing involuntary because what the court that what the district court did there is say during the plea change of plea college me you could always challenge this on appeal if you think your sentence or judgment is legal so what the court did there i admit that that was not the holding because the court then went on to go address whether or not it's going to be made but implicit in that decision is that he would be waiving his double jeopardy i mean courts have said as much repeatedly different roles in each conspiracy this defendant play different roles it alleged that there were different people except for the four overlapping alleges twenty eight dollars people in the st conspiracy forty in the nd only four in common and it alleges that the conspiracies were led by different people so these are conspiracy started in august two thousand and ten that is after everybody was arrested in july two thousand and ten so we have completely non overlapping conspiracies here but before i get to that i just want to say the reason why we have the non overlapping conspiracy theory is because the government went in and they ended the st conspiracy it when it arrested twenty eight people that left a void to fill and then you conspiracy came in and filled that void that is this is not the government artificially carving up a conspiracy or kicking a theory that the two overlaps whatever this is the government ending a conspiracy and a new conspiracy goes it so look if a wendy's goes out of business and a mcdonald's comes in we don't see that's the same restaurant even if they're doing the same thing and selling hamburgers to the scene people you don't have it i thought you loses because you could tell from the face of the indictment they were the same offense if you're not saying it's solely because of the timing of different offenses your honor in addition to the timing which i still submit is relevant here is that they name almost entirely different i stated the p s r which you did not object to says that the nd conspiracy started in two thousand in august two thousand and ten the p s r also states and he did not object that the defendant in the nd conspiracy quote the defendants began independent drug tracking not just because they are additional people because they're different drugs because it's different in spears is because everybody went to jail and you people came in but again as i said the p s r and the plea colloquy with the district judge his counsel said that this is a new conspiracy and the judge