attention to him and make one regardless and that's why it's not material but my thought was well maybe they don't pay much attention to him or check them out because they're figuring on the legal sanctions to keep people honest and they don't have to check themselves they can save the money because that they just trust the legal sanctions just the way the i r s doesn't hide it you it trust you to be honest because it knows you will fear it's power if secondary buyer and part of the government's argument was paid he must know that it's being passed on because he ended up paying money to them and my hold on i don't know if you got the point of my question the point  act the commercial over requirements of hugo should billet he require that you be treated as sac and have making statements that are good for anyone in the world to rely on that it may be negotiated both know their misrepresentations surrounding that loan nevertheless and donna carroll finance system paid because he signed them to go she will instrument that it will be negotiated but there's no evidence this far as i recall there is no evidence  found was that because of the nature of that particular findings they could uphold that even though they retracted the conspiracy count and reversed on the conspiracy and that is because in the language of the ninth circuit findings with respect to conduct that he found relevant now why shouldn't i read that to mean that you don't really have a claim based on the judge taking his relevant conduct from the trial because here he says look i can't even remember exactly what i realize what i reviewed from the trial even though i was there for the whole whole trial but what i do know is that everything could have put on testimony contradicting the pre sentence report if you wanted to or other evidence after dipping at so why doesn't that eliminate the problem of the judge relying on things from the trial when basically a master he asked her i don't have access to the other defendants p s r but based on my experience in my review sure they always are multi defending cases it's wrong but i don't see where that helps any you can still say if you want to put on a although it does in artfully use the word testimony if you look at the conclusion of the trial date which you can record which was posed the issue is if you can support and you notice that he doesn't talk about the word trial at all in this paragraph i w and jackson says i'm guilty of the crimes i'm pleading guilty to but i am not guilty of all the relevant conduct and that's the scribed in the pre sentence report and the judge three refers to testimony which also may or may not be a good choice of words we don't know in any event the fact remains there's a dispute about what relevant conduct can be fairly attached to jackson jackson says i want an evidentiary hearing so i can argue about it and present evidence on and the relevant conduct the judge says no you can't have one why isn't that and abuse of discretion the judge has has discretion so we review for abuse of discretion on granting an evidentiary hearing why in these circumstances isn't that an abuse of discretion occurred were in there and used that consideration if any would have been minimal and let me also point out that our two hundred seventy four district court does make a remark about the additional evidence  there's like common sense would indicate that you're involved however i'm not going to i'm not going to find on the on these ones where you say she had fair notice from the pre sentence report of exactly what she was being  i wasn't asking about the no this issue i was saying suppose a person has full and fair notice that the judges would have to punish her for something she didn't do is that she then entitle to be heard in a way that's adequate to the circumstances and make good evidence that even if the probation officer somehow rely on exhibits or on things in trial that were also obviously presented in other fora and and even if the district court somehow consider it then there was no