circumstances that paragraph makes clear that is that the court started by saying it's quote does not consider sammy circumstances it says that for several reasons but it only gives one and that's that in the court's view family circumstances are quote not a factor or an objective under eighteen u s c thirty five fifty three and the court goes on to describe the family circumstances that vary from positive to negative she singled out his situation as a positive on matter because family ties quote do not bear upon any of the sentencing objectives or sentencing factors which she specifically stated that she considered the history and characteristics of the individual she did s since might otherwise be just cause you're a good day and right mean you should get ten months instead of eleven absolutely not and then we're not arguing that both but she said but she doesn't just say i'm not giving it weight in your case she's reasonably susceptible of an interpretation that she was simply not going to view family circumstances as relevant to varia a downward variance in this case and  fact or objective under the statute that's not nothing to specific about that i'm not going to give it weight in your case that's saying this is not something that thirty five fifty three a allows me to consider and she repeats it again at the end of that paragraph she says the family ties quote this almost as though she saying almost like as a matter of personal preference i don't do this here's why because some descendants of fortunes have loving families others aren't so fortunate some defendants have loving families in ways that are destructive and china goes on it's almost as though she saying i just don't look at this here's why i read it differently and i see her saying that here's the universe a family circumstances very fall on the positive end but it doesn't matter because i keep consider that under the statute it doesn't bear upon this and some factors so i think that you're giving these examples as is her way of saying they may be good a needy bad years happen to be good but it's not relevant the thirty five fifty three a doesn't allow me to consider  was i recognize this is a legitimate factor under the statute but i'm not giving it waving your case we would not be here but that's not what she said going back to preservation i'd also like to point out that there's a maybe more related to preservation what she says the end are there any objections a district court can impose additional hurdles preservation that will that one doesn't require and all rules to be one requires is that you make your position known to the judge w family circumstances are proper consideration under thirty five fifty three age and in fact the firm's a very substantial downward variance it was based largely on the court's view of the defendant's family situation if she had said  and then conclude ablation but i'm not going to in this case make any allowance because of that would your position be different i think it would be much harder because i think really there's there's of there's a line here but and in some ways it's almost well i don't want to say that's been one but a business records that i know i can consider this i know i can consider your family but i'm not giving it any way to in your case we wouldn't be here this records are entitled to decide how much weight to give to any factor but the statute requires  for playing fair or for what i'm sorry plane error should be reviewed for a plane or would you disagree that under rule fifty one b of the federal criminal rules that if you make the court known or you make the issue known to the court of that you're protected you don't have to accept any more you don't have to jump through any other hoops you disagree with that if it's a rule fifty one wasn't met here because the the motion for varian sentence that was presented below raised an an argument that with that is not now raised on appeal to this court below in the motion for variance sense you can argue that the district court should give weight to his family circumstances downward based on that which is exactly what happened in lopez and so what tell me what is your argument for why that's not sufficient why the issue was not preserved right  separately first here where the court just said well this guideline doesn't apply here this is your argument i just can't i can't even i can't even consider your argument that it's but at least under bartlet e review well let's assume that issue was preserved why is a closed issue now why did why did the drug recognize where the judge recognize judge say she has discretion and just was not going to use it but the district court stated that she does not consider family circumstances and she set forth reasons for not considering family circumstances because some defendants are fortunate have loving families others are not so fortunate this is all evolving to roast beef at first she says it's because it is not a factor or an objective under eighteen u s c section thirty five fifty three that's the problem right assaults she also mention very specifically that she was very impressed with how he you know how he had handled his family responsibilities and yet she she felt she couldn't consider them right but he was also an illegal alien warning i'm s one mitigating circumstance that the defendant was wrong on that's that's correct your honor but at the same time she also said that there are there is a reason why she does not consider family circumstances and so we submit that and then this purposes of asking the district courts to give weight to say on the circumstances that she would reach the same result she would find that in fact i already looked into this and i already noted this at the earlier sense and hearing so maybe she knew that the record in lopez the deal is not set out in detail in the in this court's decision however so we can't really compare what occurred blow at the district court level in lopez of ulit with what occurred here and the record here doesn't circumstances if the court has no other questions i would ask that matter before and thank you