the entry into a fairly large steel galvanized structure to arrest mr stockton and then the application by special agent cummings so the magistrate in eastern district for a warrant who answered the united states crossing the united states canadian border and search into the warehouse and a short while later or sometime later actually this part seen leaving from the warehouse that was  in that they had been carrying large packs on their back based on their training and experience they believe that they were probably smuggling drugs into the united states the magistrate no doubt having read the a davit believes that they came into the united states with these large backpacks they went into a building they came out later without the large backpacks the backpacks head to the in the building and that let's take that citing that there had been some activity concerning the united states canadian border at which four people were back tracked once again going back to this structure there is that he saw and he saw people there's we have somebody basically on a hilltop using a thermal imager or to look at something that's approximately a mile and a half away we have the people disappearing behind the structure we have really no idea as view of the observer at this point that is how does the building of structure what's happening behind the building we know that the backpacks are found basically a football distance away from the structure is it any is it more than speculation that they went into the structure and that they simply didn't disappear behind the structure for a period and abandon their marijuana to another confederate in the woods leave their backpacks in the woods i think that there needs to be a nexus between the inside of the structure and the smugglers and i just don't think it's there and it just seems you know to fear i don't think you could say that they necessarily went in there structure other than they were arrested without these suspected contraband so with in other words you think that you would need evidence of them in the structure i think you would need some evidence whether it was of light coming on one of the door open something to indicate i have to professor out of that i don't remember whether it's in the search warrant affidavit or if it was introduced as evidence during the suppression hearing but certainly if we start off with the fact that it is currently and if you notice in paragraph twelve of the affidavit they describe this is his residence and it's the middle of the night and now they're searching up to the doorway of his residence which i would contend is this curtilage if we remove that then don't we also remove the tracks that the backpacks may have made if they were goes to what he said considering the fact is under thirty five fifty three the government included his entire oral pronounce when it's at the same it's never mentioned if they talk about my client's age they talk about his inability to pay or finally talk about his comment on it it's a major part but i was wondering whether really also with major part of what the defense put on for him in terms of the argument so i'm wondering if you know that there the judge could have over looked good because there had been real  placed on it on your own i think we put as much emphasis on it as we could in our pleadings frankly at the time of sentencing i was more concerned with what effect the guy one calculation would have on the judge's ultimate sutton's and was trying to avoid as high a face offense level with adjustments as possible which is why we were arguing that just because the marijuana was left essentially in his possession as aware as many did not make them then organize a leader or a manager but for the fact that on the of board in an attempt to deliver marijuana across the border with he is seen coming across the border the confederates are saying we're not going and it's a surveillance car by the border he's saying i'll take the marijuana and brand it and they don't give it to him so if you really was in a position of supervisory position that should not have happened he should have been able to control what was happening with the marijuana and should have been able to take in a pack i think that the tracks from the inference that because there's certainly no direct evidence as to what he's doing in canada on any of these occasions he meets with mr truly though but there's really no evidence that this are not on individual named chad who seems to be the organizer of the struggles but is new to the vis somebody turns it over to the canadians they had it they carried it they exercised the same managerial responsibility over the marijuana as the person who never took it from that there is no evidence as to what was going to happen  kind of click through and explain every factor but it's a little troublesome here because the mental health report is a significant one how would you frame the you're proposing in terms of what the district judge has to do because we can't make it so that things you know have to write a treatise and every sentencing situation so in the context of this mental health report and your challenge what do you think is the principal in terms of how much or how little the district judge can do to just charge his consideration carmen while you're out of perhaps a checklist would be sons so i think that perhaps not every single issue or factor submitted by the defense needs to be addressed but there needs to be some overview of the material presented and have the court say why patrol agents were using a thermal imaging device this was a night vision scope which allowed them to to look at i guess figures and in animals of people in nice but it wasn't involving any kind of  north eastern washington state with respect to the state of the affidavit in support of the search when it is in the supplement lecture for the records of pages thirty three through thirty five and i would note that paragraph sixteen of that affidavit does indicate that there were foot impressions or traffic visible on the ground from the area of the backpack frames and on to the galvanized steel structure still that in addition to  the the proximity to the canadian border as well as the other evidence of of the officer seeing seven individuals tracking down the smugglers trail them with what appeared to be a backpack free of backpacks and then seeing people dar crew comes up in two instances the first instance is what happened about three weeks prior to this arrest and that's when officers were also surveilling the smuggler's trail and this is kind of  on about the go pointing to the fact that evening also there was a drug dog came in and alerted on the backpack frames to the presence of marijuana now remember these backpack it's the government's position the court did that in this case and it took that into consideration when pows in the sense judge whaley i think did a good job at sentencing and actually didn't go through a checklist which i don't think he's required to do under thirty five fifty and then he says there's a few things the government wants me to do to increase the sentence and he's young and i'm not going to do that but then he just said based on consideration of all those matters that are under thirty five fifty three a it seems to me that i sense a ninety seven months at the low end is appropriate so it seemed to me the only place we knew that and that's the kind of full recitation though i considered on factors period this need to do a little bit more than that materials were submitted the p s r was also at least have some information about the defendants prior there's a lot of information about problems but of defense counsel to hit the judge over the head with that but i think if it's an issue for the defense i think it has to be addressed at the sentencing or at least had asked the court to make some findings if it's important for the defense i guess augusta i think it could put a district court in a difficult position to have to specifically address each and every factor under thirty five backpacks for take it took seven people to to track that across the canadian border that's a that's a lot of money and a lot of responsibility for organization a place into one person's complete and isolated control but observed him meeting with one of the other charged coconspirators joseph trudeau meetings are held the defendant mr stockton never raced back and of course then either that next night or the following day another load of marijuana comes through and i think that there was  reasonable inferences that could be drawn that he was actually going to canada meeting with coconspirators and arranging things that would place him in a different position than just a simple one of the participants in the organization thank you