where my client was convicted of the illegal reentry after deportation of the first issue here is whether or not mr ran around righeousness prior burglary qualifies as a generic burglary and a burglary of the dwelling at that and whether or not it's a crime violence under section two of them point to the sentencing guidelines harpist through what there's some handwritten changes is not right that's correct described but describe that and in the information your honor and that is on page  two of the excerpts of record mr raynor rodriguez region was charged in count one with an aggravated burglary of first degree felony in utah and apparently that was amended to a second degree burglary this is written handwritten yes yes or not so what happened was the word aggravated was deleted is that correct yes and it was amended to burglary a second degree found the word first it was changed to second yes or that's my understanding and that's not further clarified in the the other document that we submitted was well is there any crime that is second degree burglary that does not involve a dwelling yes i believe what tempt or conspiracy to commit or solicitation to commit first degree burglary does not involve deal with how do you explain the deletion of the word aggravated here that statute in the information still remains seventy six tests takes two or three in utah and that is the aggravated burglary so look at your government's view on it but your position is secondary  point out that the burden is on the government to prove by clear and convincing evidence but let me ask you a question along that line because that's been bothering me as well i noticed it that the other language that deals with an aggravated burglary was not deleted or stricken from the information so for example it still talks about the use of force or explosive devices or what have why was that not deleted i'm not sure your honor i would just point out that not all of that a dangerous weapon we don't know where that is but that i sincerely is not use or threatened use of a weapon which amount to a crime while still in the utah law you could be convicted of a second degree burglary for attempting to use or to analysis of you know how far it's important willing to take that based on these documents i mean is it clear that this isn't primarily a place of commerce or a place of dwelling and also the statue in washington that when are dealt with specifically refers to places that are outside of the taylor definition or taylor structure specifically refers to for instance in washington fenced yard that are used for lodging and i think  you just couches that in different ways as we're talking about places that are used for overnight accommodation and then we could really get into splitting hairs like i said i mean it's a camper used for overnight a combination to satisfy tailor if you store your tools government's police policy should not dictate what mr raynor rodriguez his sentence was either or both of them after that thirty four forty one was complied with here was it not in terms of the other actors yes i believe the judge did floor or a ceiling in other words can the judge also take into account additional factors beyond those that are mentioned in thirty four forty four he certainly can your honor but those factors must be permissible under booker and i don't think the government plea arrangement doesn't that in fact take into account the disparity of sentencing certainly and this court's case law or in other cases that have come before the court the defendants have pointed to fast  policies for instance in your district we have a fast track people plead policy i'm not pointing to that plea policy is a reason for which my my client should get a lower sentence all i'm saying is that plea policy should not be factored into the word aggravated that was that was struck through in the information is there anywhere any information that you can point me to where it talks of that this was a thirteen twenty one or twelve thirty one address as being a residence or a dwelling because i did not see that anywhere the word dwelling is not in there and the address is two five to one gram or c and in united states which is in our twenty chain letter we indicate to the court that when something burglary and then if you also look i don't think you can look just at the information i think you also need to look at the judgment of conviction and i think the court can give greater weight to the judgment of conviction the judgment of conviction is a second degree  that it is it is not but what about the aggravating language where it talks about the use of force and explosives of sutter that were not deleted from the information those were left in the information they were but i think that the court can give greater weight to the conviction a for example right enter innocently and that the unlawfully remaining portion requires that the that the intent and i'm sorry i think that the utah court documents that we provided the word in the record of conviction is welling ever mentioned and another issue that we really didn't touch on could i ask the question if we struck that aggravating language they use of force and cetera we struck that from the information it would necessarily imply that it was a burglary it would do and would not because that's the only other kind of second degree burglary you could have under the utah statute is that right well yes otherwise it's a third degree burglary but again that languages and trust here and again i think there are problems with the definition of well and being a burglary in utah and you only as mentioned anywhere in the documents before the court and