sentence this court on may fourteenth two thousand to reverse that with regard to the drug drug quantity because this court said that that that great quantity had to be proven by clear and convincing drug quantity was established by clear and convincing evidence because they've pushed on the part about those drug quantity was man well gallivant and as we have argued in this appeal under the mcintyre case from the three times times months well you know it's the rare drug distribution case where we have detailed records from the drug runners where we're all distributions are well documented in the amounts and the amounts distributed finding clearly erroneous i believe that finding is clearly erroneous because mr galban have made all of these first contradictory statements and secondly it was making all of these conclusory statements i mean he first no i'm not saying that not only but i believe and i think the district court was clearly erroneous and finding him credible because of all of these prior contradictory statements and also because we have said when he was making these runs to california and to arizona he was doing it for three individuals a man by the name of henri five for special and then by my client mr taylor and  then we also have a man who has lied because he went to the state of washington in order to of going to arrest warrant in california and get a driver's license in a name a south florida has because he  got i believe if i recall correctly a brother or a cousin and he got that brother a cousin social security card and bush certificate so that he could get that that driver's license and the man kept saying throughout the hearing that you know he couldn't remember various things he even said with regard to that great quantity he started off by saying with regard to the cocaine that it was  that from any calculation both of which were excised from his calculation in the first appeal i mean i was not is his lawyer in that first case but the drug quantity in that first case was for the first sentencing also  not include the marijuana methamphetamine i mean i think that the government can argue that somehow the district court should have included those amounts because i think that's the law of the case and they didn't appeal that even the first time they're not appealing it now the district court i think found that testimony even more incredible because he really could not give any amounts but he was all over the board on the cocaine he says at one point that he didn't remember how much it was then at the next point he's saying that it was a kilo every time and then he's saying that it was a half keela he also says that he was only doing this for mr taylor and mr special but then he says that there was a trip to san diego that that was for someone else that didn't involve them i don't believe that we have with mr galban as this court contradictory clues restatements is in essence a liar of course united states and the district courts are very different mr galvan is a man who does not speak english is his native language there was an interpreter on hand to help him  express himself if you needed to although he speaks english relatively well and i think what the court has before it is a record that shows a man who as your own has pointed out does not remember every detail of every trip  was indeed working for several drug organizations and testified to that fact his statements were not contradictory at all he does not remember everything as any of us would not remember anything we do with regularity  galvanic was certainly making drug trips with regularity on behalf of numerous drug organizations in the tri cities area one of those organizations was the one mr taylor was associated with then it complains that mr g is contradictory or conclusory in that he doesn't remember speaking to mr moss back but he did in essence give the same testimony at the hearing that he told mr got mr agent must back he had worked for dividing a special was working with taylor and therefore mr galvan was bringing drugs back for all those people he brought him back and he split them up with taylor and special at the  some nations of out what he were called whereas the hearing was a blow by blow of step by step recollection of every trip and it's certainly true he can't remember specifics of every trip every week of who is bringing drugs back for and that's why the district court was so cautious in eliminating methamphetamine eliminating marijuana and then actually cutting the amount in half to get consideration all the minimum that mr galvanic offered computed a probable amount of drugs throughout all the marijuana and methamphetamine and then cut by half he does not although the court does not then go trip by trip i had offered the suggestion that at least one trip to arizona at least one trip to california because mr galvanic clearly remember going to both places however many times it was each place it was obviously one in each place but i think the court concluded even less than said was conclusory and it was contradictory versus what he had said earlier to the f b i agent and even during the course of this hearing so let's not recall mcintyre was from the seventh circuit meeting with the third circuit yes and you don't