for which the act the alien admits having committed prostitute the essential elements i believe we refer to the statute the dual use what what the actual conduct suspended sentence imposed and there is no will there is no punishment in state it's a misdemeanor so seventeen b three there's an or between the language the first part of the lane which states that under these circumstances circumstances similar to those circumstances in which membrane was under that would be a misdemeanor following the or in the statutory language is upon we looked to robinson united states versus robinson there was also a suspended sentence there was also three years probation and there was nine months in county jail but the distinction in robinson in our case as well as in have the same result to conduct which person can be convicted of a crime so you're saying if instead of i think wisco was the guy that she shot a couple of times you're saying if she hadn't shot it what she'd done is to hold the gun up against him and immigration court because in order to find someone removable for the conviction of a client the definition of a crime in part is that an individual is responsible for their conduct as outlined in the statute for it to be a crime potentially to recall the mandate that issue good afternoon i'm john ready for the respond and i'm hoping that i can resolve them with this question and also simplify discussion at the same time in order for the court to determine whether or not  i just called the exception my problem is just that robinson it looks to me like the correct analysis of how the california procedures work when you get california you know seventeen let's not let's decide what it means in respect to eleven eighty through it says the maximum penalty possible for the crime of which the alien that was convicted was she iranians liberty to be imposed ok so what you get there is to use the federal definition and it's a conviction for that purpose because the judge found the person guilty and imposed punishment even though the judge didn't  penalty of four years in state prison you dream of that has been reached and that is that you will also be placed on five years of formal probation this was later reduced to three years you'll be sentenced to one hundred eighty days in the county jail a condition of probation and if you qualify you'll do the pause program which is community service programs if you violating the terms of conditions of probation including what i anticipate will be a stay away order as to the victims among others herm's and conditions will be brought back into court and you could be sentenced up to four years in state prison if you understand what i just said the she responds yes now my my point just to make clear that there is no confusion here on her part as far as what penalty what maximum penalties he faced there's no confusion that she faced four years in prison a maximum possible penalty of three years in state prison for that is that of course and even if she gets probation and she doesn't go to jail right away sexual abuse of a minor could be a misdemeanor and a crime involving moral turpitude also certain sex or they involve dishonesty so shoplifting or indecent exposure yes assault and battery no  felony to count against the person and it has to be a crime involving moral turpitude or a controlled substance crime or multiple convictions sort of terrorism or a couple of others that ask to mean that there are a bunch of felonies that are not crimes of moral turpitude and i'm wondering why was interesting use of the traditional sex your dishonesty categories i can't understand what basis and vile means many crimes that clearly obviously aren't in the category of sexuality and sexual offenses and and me a couple of for instances well that the situation today in this in this case on this subject and one of the reasons was because the issue of the jurisdiction issue and i quite frankly didn't didn't believe that the the issue would would be if a prominent  barber thank you the government's position concerning whether or not