how do we know there was no consideration by the judge well what do we know about what happened in the aftermath of the report being received we do not know you don't know we don't know anything about what we do not there is nothing in the record  other than procedurally that way and this is not a non issue but we don't we do not know what we do know is that when the issue of the report came in there was a notice of appeal that was five months later court's representation helps always when there was more detail in the report of the defendant's reproachful life but there was some recognition of the troubled life at the time that the mean taking most favorable reading of the record to you the district court didn't then consult the report in issuing  consequence of that report he was incompetent to be said you know we are or what you're saying is that in consequence of the competency report it was error for the district court to sentence a competent defend factors you know we're not considered in front of all there's one mention of one attention deficit disorder but that could you not answer my question which is i understand if you have a separate argument that the right info thirty five fifty three factors i get that evidence apart from what was determined in the company report with respect to the thirty five fifty three issues by developing a similar area that wasn't that considered because you were just now saying it's the comp is enough to when we look at the whole record here that we should include you know we can't just assume the district court would give the same and i just don't know that i've seen a precedent that suggests i don't have they bear on what the appropriate sentence would be beyond what the p s r says there's no evidence defense counsel said that to the district court only to the fact that there was a history of problems fans and i think that the the sentence would have been different knowing what we know now and again it was filed under seal the report on and so we generically mention it and without specificity how so before you step back to you do you want to take a bit say something about your art this ability of at all you very briefly the reasonable the standard of reasonable and necessary i would say that  it to relinquish and not raise the suppression hearing the district court i'm here there was an argument on the judge asked the public or from their love of this case has been delayed so i don't think you should worry about the waiver issue i mean a federal investigators notes that was signed subsequently oh there's nothing real clear that he he raised right to counsel at the same time this person who was found to be on drugs when he was arrested and knowing all everything i believe that there was plan or zero in that would have affected the outcome of the case in that this is a case that there was no  since that was largely delayed in the six hours and in fact the facts of this case were before you think how could you just test on the prejudice so i understand the physical evidence as well in fact you know there's a million this case and century for forensic evidence and so there was all right kid and there was a bunch of other physical evidence so in light of the eyewitness testimony of the victims the police officer testimony in the physical evidence in the absence of any indication that your client knew the victims what is your reason for saying that the confession would have changed the outcome well put on anything knowing that this confession was allowed and i think that it would have changed the strategy what if anything he would have been able to do because there was a lot of deficiencies in terms of timeless and charms of  other types of failures so i think that at the end of the day it would have changed the strategy with the outcome of the case thank you just know that the violence inflicted upon the victims in this case cannot not go unnoticed were overlooked after holding one victim hostage and raping her at gunpoint a pellicle into left him bleeding and alone as he drove off in her car considering these facts so you would have to look at all of the other factors so considering that there were a limited number and they were doing other things we don't have direct proof but there was no agent mailable but we have proof that the other agents were likely involved in oth counsel could you answer my question like it was drily or what happens if there is a finding were we were to conclude that it was an error for the district court to find that the delay was to be a volunteer in this analysis which here the confessions were voluntary despite defendants limited alleged limited mental state because there was no allegation of police coercion which is know you say that then that sounds like what you're saying is it's it's if it's a reasonable of asserting to live more than six hours so long as it's voluntary it's not suppressed is that the government's position evidence there's three eyewitnesses there's d n a evidence and it turns out that she didn't know the defendant so all of that considered together means that the confession did not play as significant in the role in the verdict as defense counsel would argue  statements by the defendant the confessions were what the district court called a carbon copy of the witness's testimony so all that evidence had already been introduced by the time that the agents testify regarding the defendant's confessions or so we h had to do it to talk but that's after the six hours the arrests if it's a seven and it would be your so is there any evidence in the record that shows that there were available resources thank you thank you thank you