good morning judges counsels made pleas the cork the district courts finding that sanchez should receive the stache alice in hand smith is wrong to receive this enhance case law and the application all schol that there must be storage plus proof of a drug trafficking business at the residence for the enhancement to apply in short a review of the cases show that there must be drug sales taking place at the residence for the principle use of the residence in the enhancement to apply there is a wind of case wh at if you had a stash house and they don't make any sales from it they just take the stuff to move to the street or something sell that they don't want buyers com their stash you know i think that the cases if you read them closely is that there has to be tools of the trade and an inside the residence suppose you have suppose you have a house and there's a million dollars worth of cocaine in it and they don't invite their customers to the house and it's potentially dangerous when they when they you know they have a retail establishment somewhere else and they take the cocaine from the house to their retail establishment weissmann still a stash house where they stash a large quantity of drugs for sale and why because that's not any application or millions of dollars worth of drugs in the building for purposes of sale late on the selling out of the front door of this building so tell me what sense it makes not to treat that as a stash of us it makes sense because in a k c a l sanchez's case there's two findings that the court makes that are particularly important here one a case you'll sanchez did not know what type of drugs he was storing in the residence and to a case you'll sanchez did not recall call any the shots in regards to how much drugs were going to a particular location or what price was being charged for these drugs what we have with respect to mr sanchez is  a gang of dealers and drug dealer comes to you and says i'd like you i'd like you i'd like to use your house as a storage place for my drugs  period and up pay what difference does it make that the proprietor of that the owner of the house doesn't know what drugs there are or what drugs they are doesn't know  doesn't doesn't know how much they're actually worth and doesn't sell him he's still provide him porton service to the aga i think that if you expansively read that particular a fight if i accepted what you were saying then everyone would get that enhancement what do you mean everyone would get that handsome anyone that because he didn't know what type of drugs they were is a matter where he fool what wincing that was matter what well whether he knows i think if carefully considering the cases this comes from twenty one u s c eight hundred fifty eight fifty six and i think it was and originally called the crack house enhanced meant and it was designed because you know the bringing of the costumers in the sales taking place was causing concern and may not matter but as far as giving the enhancement it does concern we're talking about degrees of why when one person is more culpable than another person these offense levels are clearly give aid to someone who stores  a million dollars worth of drugs would be more culpable than someone who sells you know a few drove a few drugs a day right well according to the application notes and the precedents in the case in the circuit i think that the person that actually conducted sales at the residence is considered more culpable and is more likely to receive the enhancement and the possible operation the boys store the more it can be sold correct but putting a ban on the back of your porch is substantially different than having customers and having guns to protect your your business and to have multiple cell phones to run your business and they have drug users and other drug dealers come to the house at all hours of the day to pick their wares up is clearly something that is dangerous to the community and that's the have to have drugs in order to be a stash house dual you have to have drugs no have times i have to have guns in order for it get he was getting fifteen hundred a month one thousand five hundred dollars per month yes and then he was taking orders from someone he didn't just let anybody walking in take it didn't he get a communication saying they're going to pick up x amount or something the people that he was getting paid the fifteen hundred dollars per month would call him and say bring down these this quantity to the garage behind the residence which he would do  and then someone would come and pick it up correct and they would designate i assume who correct yes so he's getting fifteen hundred a month he takes a call from someone he's got a closet on the back porch of this is and he and his wife the only ones that have a key the slow we would guess a way for a girlfriend with her and then when they get to call then he opens up the closet picks up whatever quantities tools maybe i don't know what he thinks he's he's handing it off as he's a pretty essential part of that whole transaction i guess what you're saying is well but he didn't take any money ok that's true money exchanges probably for those other guys got there that's the final transaction probably i bet it was originally called the crack house and handsome and then it slid to the stash house in the hands man but it was designed to keep crack houses and punish people that rank crack stress that this is a case of pure storage by mr sanchez and i don't think the enhancement should apply thank you ok thank you thank you mr  for distribution or manufacture that's a summary of up in the in the guidelines and is the government's position your honor that the district court appropriately applied to own hands meant based on the defendant's maintenance of such an establishment for the distribution because the court found drug distribution was one of two primary uses of the residence during the conspiracy period the first being as a residence the second being distribute narcotics is the idea of a does not have to be the sole use of a promise this has to be a primary or principal uses the word used in the in the application notes and here the district court found that it was drug distribution was one of the primary uses of the of the residence that the defendant maintained so for that reason we believe the district court appropriately applied the enhancement here in addition even if the court did not correctly apply the enhancement there would be harmless because the court the same sentence in this case the statement that said it made absolutely no difference he said that before he had heard mitigating witnesses allocution and gone through the conditions of supervised release on page fourteen makes a statement but he doesn't actually make his ruling regarding forty months until he gets to page sixty three and we can't be sure when we can't be confident that that's what his intention was when he finally made his ruling so for that reason because you can't be sure i thrown think that harm was your take appropriate sentence would be while the probation officer asked for twenty four months in her recommendation to the court and i asked because he had been good on supervised release i asked for a period of supervised release he could continue his medical treatment and do public service work i thought both of those were fair sentences the judge never really addresses why he doesn't accept the probation officers recommendation of twenty four months he just comes up with nine or ten years is too long and i'm not going to give a slap on the wrist and we can't be sure we can't be confident that forty months is the right number because of the timing of the statement thank you ok thank you very much