this is the least one armed guard in the jail designed to prevent just that kind of the incident from happening well i'm actually at the yellowstone county jail for example in billings i don't think the guards are armed personnel on the site at all i don't believe so unless by chance or as a police officer a deputy sheriff dropping off a prisoner is that in the record the army an armed guards if you know it's not in fact we're not even talking about the yellow talking about the gallatin county jail and i'm not personally familiar with that but but that what's in the record what the facts are is that jane savage had been in this jail before had escaped from this jail before through a hole  record what's not and what can we look at that's in the record but the really good record was the original charging information and i think about that montana law for a skate provides enhanced penalties for violen and the sentencing hearing which goes into a fair amount of detail about the modus operandi of mr savage his escape and in there it is showing that he played was playing basketball it was on a sunday he deliberately missed the hoop went out later on in the program to say that those who leave without returning from a halfway house do not pose them automatic risk of danger and therefore do not categorically raise the serious potential risk of physical harm white why don't we understand the core of our colleagues there to be saying look we're looking at a halfway house that's different from the jail or prison where you you know it's just inherent in the nature of the facility that there's going to scenario with a halfway house where a person is there for their first two or three days they're not allowed to go anywhere for the first seven days and if a guy just rolls out the front door and one of the other ca's from the resident people notices that and knows it's not supposed to got this is what's clear about the guidelines and speaks to potential risk we can imagine a burglary we're nobody's home so there was no risk because nobody was home we imagine an arson where nobody's home and then the rest of the titular risk you've mentioned the guideline modified categorical what do we look to in this case we look to experts record seventy nine the judge says why are you pleading guilty and he says quote i skate from a jail that's already ok in terms of why we presume that every escape from a jail is a crime of violence i think what the other circuits have said is escape entails pursuit because you're still escaping and so we get you and give an example so i assume you're saying we don't look at a rearrest that occurs two weeks later correct we don't look at it once we've sort of made the assumption but the reason we make the assumption is because of the potential for arrest and i'm not relying on this as a reason why this particular case is a crime of violence but mr savage is circumstances then flees to billings and he's at a downtown denny's and when they come in and identify themselves he goes to drive and they have to tase him six times so that's why the courts of assume it's because of that potential scenario discussion with the judge and all it really gets the defendant to admit is not merely from the jail i understand and i'm just saying it's not clear to me why escaped from jail doesn't itself include rearrest therefore you don't need and i think i agree with you i'm not entirely certain before you agree with judge guilford that you wouldn't take into account their legal arrest and i'm trying to understand the government's position and i don't want to go where the government doesn't think we ought not to jerk we have like the threshold legal question if all i have if i can show is a skate from jail is that enough my answer that is yes and the reason is because there is a potential danger because of the dangers of going to i've come crawling under a fence as well i think the problem is a problem like comes up in a lot of these cases we have darkness that sort of describe what happened and it's like really bad and it was clearly place you can look at those documents so i'm looking to tell you right now i'm on page ninety six and the court this court has to say we disregard the alleged factual circumstances of the crime the high rate of speed the lack of signaling the abrupt lane changes and the reason was that was all form of police affidavit you can't you can't consider i mean if i could bring that kind of evidence in here this is like an easy case because the guy's a very dangerous and and yes he got