everything that i had to say on this point is contained in the brief and to specific meetings it would be a record twenty six the objections to the pre sentence report and record thirty one of the the court also found that he was a source of supply for one year from roughly may twenty fifteen may twenty sixth he was the s miscalculation of the guideline the sentencing guideline range which becomes procedural area error which requires recess or if there are questions i'll do my best to answer them if not i will say the rest of my time is that the line of cases in the brief the bars in the tail or in the scoop or line of cases that talk about when you're dealing with a drug conspiracy and you're dealing with let's say this is the x amount for the drug conspiracy for these defendants and that's what you find then when you have this group of defendants co defendants in the same conspiracy you can't have different drug amounts in this court's help you can't do that different treatment the key though being when it's the same factual record identical record those are the key magic words that this court uses in those cases that's not the case here he walks into the sentencing hearing and throws a hand grenade we were had the thing set out it's a clear look it's a pound a dealer and i'm selling weed to christmas i'm not having anything to do with joe went maybe three times and carry the load didn't even know what was in the package and carried loads for chris lewis never gave it to that's what judge peterson has in front of him when he's trying to do a sentencing hearing here and come up with a drug him out so we're right out of the barnes taylor cooper line now because we're with the new factual record and judge peterson says you're saying three kilos ok you got three kilos and then the judge says it's ice and there was ample reliable credible evidence to show that it was ice cast the native told who jo pure uncut stuff everyone joe it says it's glass shards looks like glass shards chris lewis his twin brother that was helping them it's glass shards one of their customers their main customer anthony rogers keenan and on february twenty sixth twenty sixteen we took if downwith found a pound of math we took good care that the lab one hundred percent pure all the meth that we've ever taken off in this case has always been above eighty percent it's been ice mixture so i feel very comfortable in finding a level thirty four uses the ice as a backup to say why he's so comfortable on finding on the mixture and he does that with janey penco he does that with packing and he does it with joe look i'm just going to focus on the six pounds of meth that you admitted you know to i don't know want to destroy the inner being caught with or or something and that's going to put this at level thirty six and i'm not going argue with that and so my impression of that may have been mistaken is may well have redounded substantially to the descendants benefit that there may have been a lot more weight versus twenty seven pillows he didn't deny except in speak on kasten ada was saying well i want i was three and the government saying twenty seven you can't reconcile the two therefore i'm not giving you acceptance that's not why  didn't get acceptance did peterson made clear you're not gaining acceptance for two reasons one your cover story doesn't make any sense i don't find it credible your cover story that you're a wee dealer with chris lewis i don't find credible and your cover story that you just picked up methamphetamine you didn't even know what it was three times i don't find credible so your cover story is not credible i also don't find i find that your frivolously contesting relevant conduct as to your role in this conspiracy because you're saying you're not the tip of the iceberg the source and i don't believe that you're saying that you were a mere transporter odd couple times that's the reason he was denied acceptance not because he was contesting drug him out so this inconsistency doesn't exist judge peterson if you look i think it's record forty two this written statement reasons page five he says when he's making the drug finding minimally it's three kilos it's  very conservative estimate so the judge is studying the floor not the ceiling that's not inconsistent with making the finding that he's still the source of supply that he can still supply this conspiracy so there is no inconsistent findings to create clear  best you can get fifty percent not one hundred percent based on the pills and because he did that the judge denied him except in saying you're challenging the numbers here he's not losing acceptance because he's challenging the numbers doesn't apply he lost acceptance because his cover story didn't work and because he denied his role moreover he wasn't doing a good challenge of the drug computations record fifty one page thirty six the court says he's standing that's not acting in this case that's holding back and complain and hide the ball that's not acting in good faith in terms of a challenge on the sentencing that takes upton's and even given all that the court sentenced him and said you know what and this is a big thing for a judge peterson with twenty of these guys i'm going to give you a sense which parity were also supplied during that time frame by another one of the jobless exploiters named ricky contrary to our point was not that was not the government's characterize what we were trying to do jowett is not credible the came in and said this is the story this is what happened so that under oath as far as i know stalin never testified before the district court it's just the statements as provided by the government this court has often said that credibility can be the best judge by the district court witnesses someone testify in computers demeanor and joy below his level well going up was different from going down the aisle typically if you're informing downward you have greater knowledge of the people you're talking about are less less dangerous or the first government first government argument was well record the records not identical to the point the record is identical as far as the type of drug is concerned and that's that and that's the critical aspect the backup determinations of the ice guidelines as opposed to the powder guidelines this are all kind of the final guideline calculation wasn't based on the back after inconsistency that created the clear your error that the led to the procedural error of this country guidelines and requires dispensing thank you