jr for example on after three twenty three for federal third at three twenty three which says that a little law enforcement officers and of itself is creates a substantial risk of injury  of substantial risk to another person in this case it was law enforcement officers but what about the passenger in the car your honor i was there this court is aware of no four states this girlfriend or significant other of mr wood was a participant throughout the criminal conduct that started in boise idaho with the purchase of the ninety seven chevy through great falls and have are on  graciously i guess conceded that issue as well that it perhaps led the court you know in its effort to be the court did try to correct this and the court the government rather led the predicate to then moving on to qualify whether it was reckless endangerment in those venues but in so far as the court did make a finding that it was reckless if you dispute that it's yes i bet it's a good question i would states versus him then it was thomas or smith where there was actual physical contact or at least residential neighborhoods were driven through just what could turn around the trailer park on a dirt road perhaps his reckless conduct was a bit less private i wasn't true i was just trying to decide whether focuses on the finding of recklessness and whether then it was in danger meant or yes it was or potential harm to another person now that's injured was never charged with anything right that is that is correct and and in fact the accuse focuses on her conduct in paragraphs nine and ten about how they were together when they parked the car it talks about how they were together when they bought the four wheeler you have but that's as far as it goes of putting her there it does where a high speed you know or a higher speed attempt to elude police did not constitute reckless endangerment i think that the dividing line is the whether there is a whether they were anywhere close to where he was driving by reading that he was driving by the speed that in fact endangered them i mean i guess that he here if i can sort of hone in on where i'm at it may well be that the enhancement can be justify based upon something that could be presented but the district judge made no finding area that is not happening to cut back the country road and smith for example i think that the circumstance of having a mobile i mean we think we can speculate obviously as well that maybe it was a mobile home court that was aband our jason it was to the trailer park we don't want this right at the job of doing ordered was a hundred yards from the trailer park that you know what was in that area was a trailer park apparently he turned away from and went off in a different direction we don't know whether it was writing rules or parallel or whatever and i understand that the problem is this occurred back in michigan and currently the government didn't have the ability to get more definitive details from the michigan sheriff's office that was involved but that's the record we have and i don't see how on this president if you mean it was clear that the judge hadn't focused on danger too wo self and i gather you are not arguing that the passenger constitutes another person so this seems to me go to a couple of big gaps in the in the record here for us to try and s the only issue was whether it was by or through the minnesota or the michigan police and described it as through a trailer park mr wood cook corrected that but if you study drop by while the inference there is that but there are is the possibility that the court would find some hear hear and would have to remain on the keys for the entry of some other judgement than the one that is in her now you're saying that  if we find some error we should remain and give the government another chance to prove what he might learn in the course of a future investigation that's what you're arguing is when the when you had the opportunity and you're surely not saying that on this remaining hand the court ought to let you go and make some investigation and in the event that you find some witness that could tell you been went down the road unfortunately we placed him on and focused on would cover that they've it would be appropriate for him to say well if that was incorrect i should evaluate whether there is enough evidence and the record created for me to make a finding that