who really admitted that she misused her parents in her husband's identity and credit for a brief training after curious she lost over fifty thousand dollars at various montana casinos she committed a crime not out of animists or gr i apologize sincerely for not responding to this when a chain letter i was in trial last week did not review that letter until this weekend i was in court all week and did not have an opportunity if your response to mr mercer's letter i excerpts of records from a divine this week and the p s r that accurately show that the district court made a departure decision especially correct departure decision if specially in light of the fact of the government's lack of development of the record all of the judges have indicated earlier during mr mercer's argument there is a distinct lack of force behind this is the united states  objection at the time the sentencing but what's more is that if there's an examination of the factual bases there's also an examination that the united states did not respond during the objection process t dispute resolution process there was nothing in response to mr meeks memorandum in aid of sensing there was nothing in response to the examination and record of examination with that  indicating the bases for its objection indicating that there is a lack of facts in the record which would support its reports finding our family finding in the defendant's favor in this case of an average behavior departure without that development of the record then how can this core properly rule your honour's if there are rules and guidelines provisions which describe a dispute resolution process and there are if the district courts rely on that process to explain and narrow the issues and they do then how can the united states complain that the record is not pristine that the record does not include all the information that this court first makes a study judgment of the in the united states raise such a strong objection now when they didn't do what the rules in the guidelines require before i think that if this court of the difficult position regardless of the that that's probably one of the biggest problems that i have and supporting this particular reverend archer there first i would like the fact that there is no definition of limited to ration in the new guidelines the one that was established in two thousand and certainly the united states decided some cases which talked about the duration of other offenses fifteen months he fifteen months and so on but without that definition of limited duration what do we have to look to what we have to look to is put this entire case and mr mccracken entire life in perspective it wasn't vetoed three and a half year period that she engaged in credit card fraud and identity theft with her parents around because there's money in her parents and her husband's credit that's three also in the in reference to the life span of their otherwise crime free activity and life therefore the three and a half years pales in comparison to are forty four years of good are her forty one years of good living prior you know way more flexibly than the old languish in the old cases which talked about sponsor talked about single transaction now that word transaction as in this particular case involves one criminal event now mr mercer is exactly right and i'm probably arguing on his behalf here that there were a number of different overt acts which went into that criminal transaction but it doesn't change the event itself that was for criminal conduct that was for a criminal transaction if you will that's what she was really after was the identity to get the money spend the money to go gamble and so when you're talking about a single transaction the record in the district court and the law that underlies that everything that happened in this case and with that fresh look government's proposition for the court is that it's impossible for this court to find that average behavior departure is viable because as your discussion with mr gallagher indicated that on was this not of limited duration it extended more than three and a half years but it was done with a significant amount of planning so even if the