morning your honor may please the court matthew mcquade on behalf of carlie as clay runners in this case at the time of sentencing carlie is clay had one significant mitigating circumstance factor in his request for a non life sentence and that was his plea of guilty his stipulation to the other crime that he committed while in custody and the demonstration of the acceptance of responsibility that those two decisions carry in this particular case and sentencing and in making this ruling the district court gave no consideration to this factor of responsibility in this case is not it's not a frivolous factor in it's a significant factor for the same reasons the aggravation was extraordinary in this particular case because of the facts of the case not all life guidelines are the same the numbers all match up the criminal history factors a the life is given but every single life guideline has different a different story different facts to it and in this particular case the record reflects the extraordinary circumstances regards to his criminal offen full well what he was facing at the time he entered a plea of guilty knowing full well that he was going to be facing an extraordinary presentation of victim impact evidence he still went ahead and entered his plea of guilty stipulated to the defense conduct of the attack on the nurse and the m c c while he was in custody for the original case so by pleading guilty regardless  horrendous the crime was he still should be mitigated and given some credit for that is that what you're trying i mean yes i'm saying it should be considered i think it's not just as if you would give a offense level to his particular conduct as as the increase in the offense level because of the various circumstances in this particular case the rape of the use of flammable liquid the plate crown fire all those extremely agree just things that is reflected in the record that was heard at the time of sentencing knowing full well all these things are going to be facing i think there's a particular acceptance of responsibility and playing guilty admitting what he did holds and equally it has a higher consideration than just a three level decrease because he pled or in this case a two level decrease because he didn't the rd point was not given because it was not a timely three the government still had a prepare for trial so what my argument is that it because  court did consider it and i know that the law indicates the court does not have to consider every point in mitigation i'm saying this particular case it should have been and because it wasn't i think that that was the process was fl and that's an error and i think the court has a responsibility in this particular case to consider that particular factor whether or not it changes the result is a different argument i'm not arguing that i'm arguing that in this particular case the process is what said a sentence about acceptance of responsibility and there are cases that are so great just for acceptance of responsibility just have to be i think it should be here and that's been that's been my argument at this point i'm to continue to argue that but i i completely understand what the court is saying so if the judge had said one sentence i acknowledge the acceptance of responsibility but give it no weight moving on let's talk about how serious this is crime is if she had done that we wouldn't be here rather than the process and that makes sense because when the district at the conclusion of the proceedings from the district court asked whether the that the court had not considered the defendant answered no that's on and thirty two of the transcript beyond that the issue of acceptance of responsibility was argued at great length in the court actually did consider it comes with focus because that if there was a big argument in the case as to whether the defendant reality it is acceptance of responsibility in the face of destroy you know tremendous potential sentence and everything else is as bad as easily considered a strategic move as a reflection of there's no way to imagine the terror and excruciating pain and suffering that she's experienced and can the court consider that as she was required to do so and she considered all of the other facts that were relevant including the defendant's extraordinarily violent and and terrible criminal conduct as collating violence over a  you counsel you took his case by appointment in a court certainly thank you for your efforts on behalf of your client