also can you tell me if there's a sporting use for twenty two caliber pistol or not not per se percent range or do we know you say from a rural area mountainous is there any anything that might be unique to that area that a twenty two pistol would be used for target shooting nothing from a hunting camp point that typically twenty two pistols are used for but it's a pretty common weapon to have it's not a twenty five caliber semi people might have had that you say he might use it for target shooting any evidence that he'd previously owned other pistol would have had a hunting or target shooting function as opposed to of no more nefarious purpose of binoculars items that are essentially consistent with with hunting using those kinds of activities nevertheless the court found that it was still fairly improbable that he u evidence that he was a hunter or target shooter or an collector he did not counsel that tenting made a proper that the guns were unloaded which was of apparently true i don't think was ever any evidence or any indication in the pretense report to the contrary that all of these weapons were found in a closet in the bedroom they were all found together and that the guns were unloaded he in effect he made a proper to that effect the judge typically noted that there was no proffer that he was a sportsman or or hunter that's what i was looking for the guideline says unless it is clearly improbable and i'm thinking  in that particular enhancement council talked about that in a limited fashion that really did nothing to raise that issue or even make that proffer in the evidence to get past a clearly improbable line that the burden of proof is to remain upon the government whenever they seek the enhancement and he's about whether the unless it is clearly improbable language place and when the weapons were found in this case it was a one month difference one of the points that i would make is that there there was a different that in essence my dealing with the supreme court's vallely case this court well knows the bailey case was the one where the supreme court held that mere possession was not enough under nine twenty four c there had to be some kind of an act supreme court in bailey pointed distinguished the guidelines to the one point one enhanced moment from bailey and said that the government even under the mandatory guidelines could get their hands meant by showing the simple possession and basically affirming that interpretation of the law with regard to this guideline is handsome and to the to the to the guidelines make the enhance statement talks about the increased danger when firearms are possessed when they are around when they're there and it's not hyde to use or a connection with the offense it seems to me that the  that is more like a safety valve that allows the defense to come forward and say yes but in these circumstances here the facts show that it it's clearly the case that the gun was completely unrelated to a fence it's more like a safety valve is really not a burden shifting and i would argue to the court that booker actually removes any impediment to this used by making the guidelines advisory there's nothing in making the guidelines advisory that would undermine this court's line of presidents and lopez and evolve and the other cases like counsel i can't quite remember jury right then the defense can overcome the enhanced mint by showing that that under the circumstances it's clear that the gun would had no connection with the offense and what i'm wondering  weapon is twenty two possible really a struggle people are happy that's not in the record but it's it is true but the thing is that i'm not suggesting that the defendant was a was a hitman here but judge when they'll pointed out that he had no there was no evidence of recreational use of target shooting and that kind of thing based on the record before him the enhancement applied and then the coming forth to show that it was clear that the in the plea agreement that the his guidelines would be calculated as though he had been convicted of count one which was conspiracy there were eight different sales controlled sales that took place here and there is talk about in the pre report every one of those sales either took place at the defendant's residence or began at the defendant's residence and then iraq couple that began there and then they went off site to actually finish the deal but there's a clear rebuttal a couple of points on the location it was my understanding that there were three salesman and i could be wrong that three separate sales all of those either took place in the driveway or near the home but there was some dialogue in the in the sentencing about where exactly those who play in as best i understand they met downtown on at least a couple of those occasions and went back and and in all but one of the deal took place in the driveway and then i think on in january two thousand and two on in the last deal the defendant actually went into the house  states versus montenegro