point that i think i want to make here and which i think is pretty obvious is that the the nature of the conduct in the fight is really a situation where the cart was driving the horse the government that substantial and twenty kilograms twenty grams i'm sorry of heroin ten grams of fentanyl fifty five grams of cocaine and what what's driving this bus is the is the nature of his flight now there obviously is a real question about his motivation for the flight there's nothing good about it obviously but he was involved in a domestic dispute at the time no question involved in the student with his baby mother he went through several counts in connecticut i speak taste i don't want to minimize your all i think the government accurately goes to detail about how dangerous he was the problem is that the guideline sentence here was seventy to eighty seven months we asked for a departure to sixteen months because he was a drug addict and that was really his problem the government asked for a sentence at the high end of the guidelines range which would have been seven was the cop of the guidelines range instead the judge gave us notice that he was considering guideline sentence with an enhanced meant to have one and spent for that flight and then he gets essentially punished again by this departure or variance or some there is some confusion as to which one of the judge mentioned both and i understand again how horrible the whole thing was we do think that it isn't it isn't going to say whether it was horrible or not is for us to  there is there are some upper limits as to what's within the range of the possible or likely from a defendant's perspective when you're you've already gotten enhanced meant for two levels for a flight from a defendant's and in computing the guidelines range i know the sentencing judge was obviously upset about the number of people and the number of counts obviously in terms of the run from police i do think there's some significance limits on what you can do or what you should do frankly with the defendant under the circumstances why don't we let alone what are the upper limits exactly but you know you could you talk about the cart driving the horse because the drugs were not as significant as the flight but if somebody engages in disproportionate dangerous flayed conduct in response to an offense and when the district would be able to account for that are you making the argument the sentences subj than reasonable when you say there are some limits the up because that's a very different argument from the argument that there were procedure or error limit i don't think i could i realistically argue that based on the precedent i agree i looked at that possibility i think that that taking keeping this in perspective at least  from our from our perspective on this that it was a flight motivated by a state court dispute that practiced a court there are state court cases on this and i do think he was he was punished  for the flight which was conduct basically unknown to him as being somehow federally related and i ask you this you know let's assume for a moment that  section thirty six interesting one to include the knowledge requirement that you are proposing it's not clear to me and perhaps you can help me understand why the district court was related on the fact that there was a marshal involved in the task force which which more than likely had to do with the fact that at that point the indictment was out and they were looking for him under a warrant but he wouldn't have known that he was he was focused on his conduct bettors it was his baby mother and so i think that's that's that's where his pocus was  a girlfriend but that the pope or i just don't want to go back to jail and basically threaten her if she turns on him or somehow unable to return to jail so i really do think that all of the circumstances that there wasn't you know it wasn't what it was in the course of fleeing from the federal crime but it's clear that the particular incidence of flight is not related so you know while he's on the run from several charges he goes to some store and shoplift something  the policeman tries to stop and then he runs from that policeman and does something dangerous and it's clear that he's freeing because of shoplifting and it would be so cute that because it happened in the course of a flight from federal charges or could we say that that is not part we had to decide we as i think if you're pressed of your argument use the fact of this case even if nexus is needed between the flight in the federal one there was sufficient mixes there certainly he committed while in flight at least one person in that way we certainly focus on the domestic violence crimes as a component of the thirty by fifty three a factors and the fact that he felt that the public really needed protection from the defendant itself is what caused this entire horrible flight here and the kidnapping was caused because she broke up with him i don't know that it's possible to say that the district court didn't have up with him she was his baby mother life wasn't going to well for him at this point he knew if the government says that his codefendant had already been arrested and so he decided to take out this violence on his his girlfriend but i don't think it was i don't think to be fair to say that it was related to the federal offense even the fact that he had guns and drugs but i i guess i guess i just you here where he thought it was you know i think that there's i'm obviously not a psychiatrist but there's probably something that goes through your mind and and maybe thinking about the possibility of federal sentence had ha set him off and maybe he was psychologically i guess on edge at the time but there's no evidence of that the only evidence is that he really did kidnap this woman and he really  her and he really did this because she broke up with him i think that's the only evidence i didn't answer one of the earlier questions that your honour's asked me about a statement he made about they're going to kill me i think that applies his much to local police as it does to federal probably more so than what we know these days to local police and federal so i'm not sure that the fact that he said they're going to kill me should be applied to a fear of