that it seemed to me that you believe that district court had to conduct what is called a complete review and that phrase appears in section said see section four o four but that section is in title limitations and it says no court select retain a motion made if a previous motion has been denied after a complete it doesn't seem to me to impose an affirmative obligation effect the act seems somewhat unclear about the nature of the application here is that a fair reading of section four or do you believe that it requires it places an affirmative obligation and the judge may say i don't love your conduct in prison it gives me pause perhaps i don't give you as much of a reduction as i would at however there have been vast changes in would have been ok well i guess what i'm getting at is it seems harmless i guess at a minimum if whether the district court was saying percolating in our circuit as well as others and so perhaps i could jory our attention to a couple of these cases which may or may not be relevant and one of them of course is a recent decision by our court in united states versus more and more of our b which is now published at nine  or eighty four dollars that was that was in this year are you familiar with us again more yes i am and you may recall that one of the  let me ask you about that why wouldn't we have all the process that's due and appropriate with the benefit of your action and counsel as well as perhaps and got a pretty good deal and was asking that the judge implement the best version of that deal she said you know sir you have this when the record d everyone's in front of me and told me that they'll behave themselves if i give conclusion of his criminal life that judge gave him that great and it was only because he had been brought into the court room to address that very question well if if if that short of hearing even if it's done mistake about who would be contesting the charges against him is that right i don't know that would certainly there could be some element of that but we of prisons people as a correctional people with prison we wish to have an opportunity to be heard and therefore i would guess where in the midst records one thing that comes to mind is that at multiple clients with disciplinary ticket there's no speedy trial provision in prison discipline and frequently you can spend the weekend and segregation if to an infraction or you can spend a month and segregation while you wait a little bit you know i don't know that there are we trying to to challenge their findings but be given an opportunity to talk about substance abuse issues even if he does that let me go from a slightly different perspective you're not you're by adoption of the views of the correctional authorities that is would he be prepared to to to  rd individual who had to continue to engage in criminal conduct while he was in attention which is a clean current fifteen citations year after year and notably one within the last year of his motion as well as a two thousand and eight conviction which aren't him an additional twenty seven months on top of an already considerable sentence that was art in this case additionally the defendant's argument that the st step back requires quote a complete the argument grounded in the same class or corsi as if this was to hide such a procedural requirement this would be quote indeed an elephant in a mouthful and quote instead the district court is only required to apply section two and three of the what happened in this case there was also proof citation of commissions and the record in the district court case there's no indication the district court to not consider all these factors and there's more than enough here for an appropriate review of that decision making authority additionally irwin's position that mr abbas originally faced a two hundred and forty month or twenty year mandatory minimum and the guidelines range of two hundred and sixty two two thousand three hundred and twenty seven months at sentencing but if you were sentenced today after the fair sentencing act so on he would have faced a sixty five year mandatory minimum age and a range somewhere in the  proximity of seventy seven to ninety six months that is going from a twenty year mandatory minimum to a five year mandatory minimum is that respect correct yes or no we do agree that if the district court with folk like current law that would be the result  know if one were conducting a recent the circumstances that changed and it looks like congress was intending to reduce and make retroactive the penalties that had been in place reconsideration in this court of your discretion a determination are are completely separate issues i understand you know i understand that these are separate issues but they provide context for me because my real question is even in light of more where we have said that planetary plenary re sentencing is not required by the st step act i wonder if there are any boundaries that the government would  acknowledge to the exercise of the district court discretion re sentencing and i have to particularly here because i caught my attention the judge burnt to done the original we see a series of nonviolent offenses possessing unauthorized items and drug and alcohol related conduct which the district court seem to attach a lot of significance to and i agree very concerning obviously noncompliant behavior in a prison perhaps reflective of a addiction but the district court but in your brief you seem to suggest that they all have a tinge of violence to them because drug crime is often related to bile and am i right in understanding that you were suggesting that these possession offenses from two thousand and eight to now ought to be seen as tantamount to violent offenses her box understanding of course correct your honor i think what we're trying to do is to provide within the sentence that clearly demonstrate that mr bassett is a violent person with a penchant for criminal activity indicating that from the district court's perspective the continuing criminal conduct focusing on the two thousand a conviction which appears where the basis for that reason criticism of the government's position that the time served would have been sufficient fourteen years and less than that the district court chose to her discretion and close a sentence or maintain a thank you very much we very much appreciate it thanks for the arguments on both sides and we will reserve the shift thank you thank you