reached or whether he denied the motion for downward departure and very top would lead to a lesser degree in order to reach the sentence that he had reached a you've never exactly explicitly said you have to calculate the guidelines and then consider and rule for on the motions for departure you don't see that in any of your decisions and this seems to be a difference among the circuit as to whether the question of whether to grant motions  sentencing commission and counsel maintain it may never even know about it unless they actually make the request at least in this case my district court counsel didn't didn't didn't know about the end of the distress and i'm going to check around at least one of the then outside the guidelines the judge has to describe the th agrees and for the imposition of a different from that described i think that what that sounds to me like is the judge has to say something government based on the amount of the monetary value of the fraud or if you're a monetary value might not be as large an absolute term it was all concentrated on a few victims and so there was significant harm to those victims  victims were particularly vulnerable that's the reason you succeed in the guidelines and defense counsel come back and say look the guidelines have the guidelines the guidelines consider that they specifically have a provision for vulnerable victims the prosecution hasn't  then then i think that that that the defense of the good about you that's not really an appropriate consideration and maybe the guidelines do consider that maybe the guidelines should you know if i can interrupt the problem i have is that it seems to me  of the particular victims in the manner in which they were hurt and we know that why do we now have to insist that he said that specifically more specific than well counsel in government and government counsel is always trying to predict what the guy's going to do in the future and then he did not he didn't think providing the defendant needed treatment had had much to do with the length of the s look at the nature of the judge so i mean this is a judge who does not sentence in accordance with the guidelines the guidelines will be something you say at the beginning of the of the of a sentence and then ignore throughout the rest of it a jest like that it seems to me if he's not sentencing on the basis of a whole body of law has been developed over the course of years bye bye bye bye all the sentencing all of the sentencing judges have to explain and much much much much much greater detail all of  he heard that he read two reports from her expert witness he heard testimony and asked a number of questions of her expert witness at the hearing you read numerous victim impact statements that he heard from  that a fraud has on its victims is not properly considered as for example the circumstances of the offense there is no basis in law there is great cost adequate consideration and adequate understands what's required of him as he acknowledges at the beginning of the sentencing where he says that he'll consider them only as required by law and the fact that he has a policy disagreement with the guidelines is not a it is not a reason to think that he has not done what is a part of our law what his disagreement is that the guidelines are so driven by the law and if they don't take a dig they don't take into account all the launches of human nature of the effect on the victims of the circumstances of the defendant all the things that are in thirty five to three day that he does not want to mechanically apply the guidelines so seniors trying to give a more comprehensive thoughtful sentencing to the defendant rather event just you know revert to the guidelines but he does take them into account  departures but clearly i think the court has recognized that free cost is exercised his discretion not to depart here and it's clear both from the statements that he made at sentencing the fact that he did not recalculate the guidelines that he had established at the beginning of sentencing in accordance with the pretrial services report and start with the probation