that was being allegedly committed by the art of one family mother father and four brothers two of those brothers are defendants in this cause of action as well as i think about five of their five to eight of their associates and relatives were also indicted in this case zero walker my client is a cousin they are one family the conspiracy which was a conspiracy to possess with intent to deliver cocaine in the amount of two hundred eighty grams or more was alleged to have occurred over a span of a decade starting in january of two thousand and six and all the way through may of two thousand and sixteen that this is important to my client mr walker because he was incarcerated for nine years of the alleged ten year conspiracy now the jury in this case found the conspiracy of the whole liable for two hundred eighty grams and then assessed and that him out individually against each defendant including mr walker as this court is aware clonidine drug quantity is limited to the amount that an individual is directly involved in or that is reasonably foreseeable to the defendant and i think the important issues in this case that are before the court is what type of evidence is going to be sufficient in this post a link climate to establish quantity beyond a reasonable doubt as well as issues regarding foreseeability are related to the individual defendant in this case there's really three types of evidence that were submitted on quantity there is a small a small amount that is well below the two hundred eighty gram mark that was submitted on evidence that was actually se tested that amount is around one hundred twenty seven grams of cocaine so that's what we know was tested and produced by the government now specific to my client that amount was a season for testimony of all the chemist the analyst in this case listed out what i can tell the testimony showed the reports are not in the record when it occurred to me last night as i was reading back through all this testimony is that it's a very my client even with regard to seized amounts what amount could be reasonably forseeable to him and certainly not directly attributed to him now there are just realize this last night did you the jury i had not realized that the actual reports were not admitted as exhibit and in going through the testimony i became very confused when trying to ascertain which amount was seized when you were t and now your honor was not and what i was able to ascertain from some of the lab report numbers and what we know is that some of this quantity was seized during the period that my client was incarcerated so even with regard to what's been produced produced it can be attributed to him now there is two more categories of evidence aside from what's been seized and produced there is general very general a vague officer testimony now this residence this particular residence or surveying surveillance over a long period of time by different officers and they testified very generally to foot traffic what they perceive to be drug related activity they're not to to foot traffic is this gem of evidence that the jury can consider your honor i don't think there's a lot of decisions that give credence to only general testimony regarding foot traffic to establish a statutory mandatory minimum beyond a reasonable doubt i mean we're not talking about sentencing issue here we're not talking about a preponderance of the evidence or was sufficient to support within the b s off we're talking about post elaine putting this to a jury establishing beyond a reasonable doubt and no i would submit to the court that there are not decisions saying that when all you have is a general testimony stating there was some foot traffic there looked like there was drug activity going on that to me problems with mr broussard's testimony is that he testified he bought drugs from the hard one family every day starting in two thousand and thirteen again and mr walker was incarcerated during that time frame another problem with th testimony is that if the court would look closely at the testimony of mr broussard he never ever got a quantity he does not testify to a quantity he testifies generally that he purchased cocaine from the defendant more than twenty times and less than fifty times there's no evidence of quantity the government has asked this court to make assumptions about what that quantity was saying let's just assume it wasn't a ball i don't think we can make assumptions to support the jury's verdict beyond a reasonable doubt it was the government's burden to put forth evidence and they had a decade long period of surveillance to do that and they didn't do it they didn't meet their burden it doesn't support the go through those actual amounts they do through some other closely appended relevant conduct and then of course we have the very problematic element where they say officer surveillance operations and we have this minimum of quantity of four thousand one hundred the question is on the back moving when this when the government was confronted with us at the directed verdict stage of the proceed in this other government shuffled around shuffled around couldn't really find any evidence of a gun so they actually referenced something on a jail call that the judge described herself  confusing and and said well that that's the word gun was used in the jail and that was really where the government came down with their evidence of a conspiracy i would note for the court that it was somebody else saying a wor again i think the concern that we had was that in terms of conspiracy that michael has to do some act in furtherance of the conspiracy as it relates to goods and again without him ever but i think you just have to join the conspiracy and someone else has to do the act at least one member has to do the act but he doesn't have to have the guns himself if he's part of this conspiracy that's involving the use of guns with drugs well i guess it depends on how convictions based on local police surveillance the rast and search warrants ron and that's not served much time that's exactly right it was a frustrating situation you are over thirty family members involved in this conspiracy and as these confusing jail calls it that they say are confusing sure when women would go to jail such as christopher argile on he would literally direct others from the jail right sure that they certainly are your honor but you know they have an operation to run and this is what the local police testified they found so frustrating was hey if we do these cases southern is where all the foot traffic was observed are literally so much foot traffic over the course of years that sometimes cars will be lined up outside this house like a fast food one hundred and maybe one hundred twenty seven grams of the actual crime they also introduced about eighty four grams of powder cocaine which was used in the conversion to customer he actually had a degree in nursing and actually had another degree in automotive technology after a series of crisis says he said you know what i'm just going t you the location of their house you've been there for years and years so he was an excellent witness who described the operation of this and it was literally just pre sentence report came up with seven hundred eighty grain and it's listed in the chart in the president's record i think the government's reproduced some of it and so as a defense for the  s and the pre sentence report itself said hey these are conservative figures these are conservative figures they took the bottom estimates of these figures and so this is burris source testimony who knew he was actually inside the house that he saw hundreds of these transactions inside that the officer could see same thing with mr roberts out in the car driving around it's most dramatic impact of these forty one hundred grams as with coding or because even though he had a prior conviction it couldn't be counted for an instant purposes that took place during that the testimony was much more dramatic toward cody order even though he was the youngest of the youngest member of this conspiracy he was also the most prolific distributor of the and two thousand and fifteen after a court chase in which he wrecks out and police have a foot chase and they arrest him he's in jail he's making these phone calls directing some instructions to did and these are confusing it does take do we know who the person is i think it's boonie is there anything in the record to say that was a someone who had a role in the us i don't think it was one of the charge co that's just small testimony just later that year after he does make his bail and he gets out there is a search of the stash ause next door there is a safe they open up the safe this is his brother carries house for the shock in the recovered and i think it was probably the jailhouse calls where they for some reason they decided to charge in the forms conspiracy in the scheme of things  school we noticed also the court knows is that you and mr critz are in mr gertz are all court appointed in we wish to thank you for your willingness to take the appointment it's always helpful to the chording we appreciate your hard work on behalf of your clients