we are back in business our next case is shepherd against julian thank you judge easterbrook good morning your honor is may please the court my name is l j for what dick in pursuance illinois supreme court rules on eleven and circuit will thirty four h i'm sentencing and post conviction on the one hand there is the army career criminal act where the aka which continues to confuse i hope you will use words rather than initialism i will use the full name of the statue your honor you can just say the  agreement and not the conflicting oral counts once made in the proceedings and all the court in the entirety of this litigation have not consistently enforced waiver and that includes the government's representation representation this court in this  collateral remedies maybe correctly maybe incorrectly decided to decide correct and if this if this court is not persuaded by the merits of of the waiver arguments or categorical method in deciding the miscarriage of justice issue so the miscarriage of justice issue comes up twice as i understand it in this case it's a requirement under this th for exercising equitable judgment which is where we seem to be here why should we ignore what mr shepard actually did because for the purposes of the analysis under statutory definition of building applies to no burglary or passage times in the statute but that cannot be what the legislature intended because it was concerned with casting its high levels of protection widely to cover all sorts of buildings case in any christianson this circuit disagreed with the federal circuit about a matter that the federal circuit had decided and the consequence of which was that the case was going to go ping pong going we were going to send it to approach in the ways in which it doesn't apply and i don't want to overstep and state the department's position but it makes sense to me that the substantive issue under miscarriage of justice would be whether eight miscarriage of justice has in fact occurred and so your honour's question earlier leads i think to a natural conclusion that given that shepherd committed the types of burglaries that are the mind runs generic burglary this could not be a miscarriage of justice  with that i would add that the minor run in kentucky going to another point of discussion in the earlier part of this argument is dwelling burglary that is extremely generic the furthest that kentucky has gone and each other post conviction collateral release context and also because the way that these cases are litigated and this is going to stray into the department new view of the availability of twenty two forty one but is that most of the conviction related ones don't feel that way to me but if the department is correct or ends up being vindicated and is joining the eleventh in a circus view that twenty to forty ones are specifically for this narrow an early proponent of the department's new or readopted view depend on how you look at all the great manner and all the ways in which we can flip flops but unless the is another piece of that that i can answer for your honor i'd also like to say that this issue of whether usually occupied by a lodger is broader than adapted for occupation seems to me to be drawing a false line and obviously burglaries as violent felonies when in acting for criminal act and that is at home invasions are inherently dangerous it doesn't matter what kind of a home it is doesn't matter if it's a mansion or a trailer home and i think congress would expect that that purpose would