agent that this wasn't back to high crime i don't understand why the evidence is in the form of the police officer or the law enforcement officer or the border patrol never was saying you know look i think this is my beat and it's near the border and there is a lot of criminal activity that goes on in this speech as evidence is not well that's exactly what one of the pastors in the us war has found concerning is that that the only thing that officer was able to say is that i believe this is a high crime area yet was unable to to give any this has no connotation that is problematic another words the high crime area wasn't a proxy for race or something else that causes a problem this is just a deep it recreational beach near the border and the officer who whose beat it is is it's a high crime area correct but yet supports that statement with nothing in the record and w words not being used as a proxy for race and diaz more as the court this court decided how much weight to give to the allegations this is a high crime area and in that case the officer did not come with factual support to base that inference upon and therefore this court decided that that was a factor yet a minimal importance because it was unsupported by anything faster so i'm saying if you factor in high crime area if you factor in and somebody comes in and tries to communicate an impression that he's going to go play in the dunes and then promptly leaves after going through elaborate preparations to go the area in which the activity took place was a relevant factor was remote known by the agents to be smugglers route in the case you cite as as well as his presence in a high crime staking out an area which they believe and they act upon it you don't think this i mean this guy's clock on the clock so i don't think they position an undercover agent outside this park on a whim so at least there's some credibility to the notion that least the law enforcement people think it's a high crime area and they act accordingly he observes people going you know he does not stop the guy at that point there's nothing to trigger suspicion so we've looked at the course of conduct as as rymer said you know he flattens the tires he does all the normal stuff then the agent articulate what triggered a suspension church turn around tandem driving suspicion and i think that's similar to our facts that but yet we don't have those facts that right put it into reason most especially i think council is shortened period before they can back out and the harm  additional factors which give rise to the suspicion let me ask you this if we disagree with you in this case do you want to have limited that but in this case the government's recommendation was fifty one months and the defendant made all of the requests for all of the reductions and many of which were  not agreed to by the government and some that were imposed and in this case the defendant made a motion for downward departure for combination of conditions and it was denied and the court case that the thirty three to forty one months was the reason for range in order to comply with our policy of trying to standardize sentences across the country  circumstances in reaching the decision of what the range should be and imposed draft there's no indication that he would have given less because he did not give the long at the government's recommendation fifty one months was a low  recommendation and the court i want beyond the calculation by the government's recommendation which was with the lower recommendation and opposed to mid range so in this case yeah i think the