and now separating out the plea agreement from the guilty plea the plea agreements there was not a meeting of the minds and i certainly can see that the plea agreements at that point could not have been accepted because it was in fact  contract between the two parties but after the court decided not to accept the plea agreement mr cook made it very clear in fact he himself made it very quick of course he wanted to plead guilty but then the judge goes through then the and when he got to the operative factual account to the guy wouldn't admit the fact well what correct i mean what is the well how it's how's a judge house judge accept a plea without a plea agreement and the defendant won't concede the that's just a statement of fact that i don't believe in and really find i do lots of things i don't believe in and because i feel like the law requires me to do it and that he never said you know i will used don't believe in plea bargaining so i'll be here i'm not going to listen to you that's very different to me from saying you know i just believe that it is important versus piety and public there's really no question the bank robberies took place so the only issue is with respect to this guy mr cook conceded that look even though he says he doesn't have a gun it's certainly the government's there and you know we certainly believe that the telegraph's was mistaken but that's the evidence and we have a jury which the ultimately of course found beyond reasonable doubt that that was sufficient evidence they certainly found evidence was wrong enough so from just taking the step back without the trial itself that was the evidence known to the court at the time that certainly was strong enough it was strong enough to alternately convict him beyond reasonable same as proof beyond a reasonable doubt but i don't have the slightest in front of me but you know certainly if there was i think that there's a strong evidence here to sports activities for the plea and  sitting there for seven hours he was going through withdrawal they threatened to arrest his wife they went to the hospital where his wife was hospitalized got a matter from his wife saying you know you know he's there you know i think turning first to the factual basis i don't really think there's any  than what's been said with the obstruction of justice in the hands of the government felt that it could prove its case at trial beyond a reasonable doubt or that it had evidence beyond a reasonable doubt to support conviction but when you're looking at the factual basis the question is what was before the judge at the time of  initially to having a gun we could have done all those things but we didn't and there's no evidence in the record of any of that evidence for the district court evaluated and so on this factual record there would have been no basis to take th sufficient basis to reject the plea that's really what was that issue at all brian itself as well as a blunder stouts and i think there's important reasons related to the plea itself first of all the one hundred seventy four advisory committee comments would then get a second trial with really no basis for doing so he would have that option in the district court in this court would not compel him to actually plead guilty would simply vacate the conviction for the final to be given the opportunity of the guilty and he really should be placed in a better position than he would have been if the record except in the first place i would know though that although the government believes that he could make a claim for harms there based on sentencing issues we don't believe that that was actually done here  court was concerned that the loss of acceptance of responsibility had resulted from the fact of trial because the defendant going to trial in protest of his guilt that's not what happened in this case first of all the defendant at all times contested an element of the f fact sufficient for a guilty plea to go forward so i think it is somewhat disingenuous for the government argue that there was not a sufficient factual basis in the record when it at the sign of the change plea hearing believe that what appeared in the