you know it's just it seems at one level that it would make more sense just to send it back for recess and saying with a new counsel on that discrete issue with that's the only one that we think is a problem rather than just undo the whole thing and start all over again and the certainly intended losses were clearly applicable like the five hundred dollars per credit card number i calculated that the intended losses exclusive of the blank checks are about two hundred ninety one thousand dollars while the actual losses were fift saying oh this is a real problem there should have been a discount and you're asking us to send it back and i'm asking you ok you know we'll put some meat on these bones and all you're telling me is well i don't know what to do either i assume you're back there now what do you do how do you pick a discount i can't you see you're telling us there's a mistake here but you can't tell us exactly what it is consider this is a figure that is some measure cannot be tracked perfectly identified now your honor none of these figures can sample sizes that are particularly low as one is this one is are not sufficient i mean that i mean this is something where the district court clearly needs guidance what's the guidance what i mean and the other way to do it i mean you can calculate to just have you should know the amounts of the checks and the i don't think averaging is not a necessarily bad one and it may have helped you because you have a lot of you had a lot of checks that were in the thousands of dollars and some that were outliers on the low side  us to assign an amount to all of these blank checks to the courts as i spent a lot of time going over this to the attorneys the probation department the average amount and there's a lot more evidence here and he's talking about the entire ball of wax looking at this person what this person did in the past how responses to that first of all as the district court found this defendant was highly sophisticated and if anybody could have done it it would have been him his level of sophistication was i and in the event that it was one of us normal people probably may not be able to have exploited large numbers of blank checks and says sensing guidelines and case law is clear tapped into victims telephone lines and activated credit cards from their own home telephone all of which goes to show that he was in fact very sophisticated but it's just sort of stupid to me that you could probably up two hundred he could have pulled it off with all those checks well and the district court found the defendant here what he did do was he opened a checking account using a fake identity basically identity theft stole a victim's identity  not that's correct your honor and i think that the district court took that into consideration and i think that's why i calculated the last based on the eighteen check that was it and it has passed or attempted that's why it's important to have the record fully developed by getting a declaration from defense counsel and the district court remarked on to find its propensity for recidivism the district court remarked on the defense has criminal history remarked on how that well if you think you go back and you read some of the great litigators of all time when they talk about their cases they say don't waste your don't waste your own voice making stupid arguments are going to get you anywhere and don't try to pull the wool over a course eyes that if you consider that this  i think you are estimating that to you might offer evidence of intent a loss of three hundred thousand how much difference would that make in the sense a lot one point seven nine or one point to say one point seven