engaged in drug trafficking or conspiracy to commit drug trafficking is i think it's not clear if you read his plea allocution which is the entire basis of the government's position if you read at pages two other people who somehow it but there's no indication whether or not whether or not they were part of any sort of agreement to do anything and so i think the whole idea was is really very not i'm not with added all it may have been his own individual well it is just very hard to say correct and and that's one of the reasons perhaps if the case had hinged upon the drug trafficking might we might have a better record men have better understanding what happened but throughout the course and go back to the original question throughout the course of this proceeding everybody treated this case as a use of a gun in connection w would not at this stage no i would i would agree that that is the descendant had pleaded guilty and had done so to a gun used charge and had said i'm pleading guilty to using a gun in connection with let's say drug trafficking but with not separately convicted of drug trafficking that would be fine so that's what i mean by saying it doesn't have to be a conviction so the question then the question then of what everybody how everybody understood at including mr picker or what he was pleading to so at this stage no i would not agree that the he could be convicted even be in is limiting in that the defendant cannot question his sentence is a drug offender even though one of the bases for that sentence is now gone or i'm assuming it's going to be gone when this court guidelines but it certainly didn't say that if you look at the element clause of the guideline that that there's any and any issue with respect to an attack on this deficiency of the facts to support the precedents in riviera as well as the eleven certain cases that we cite the focus has been and as it should be on on on the appellant's on what the appellant was aware of proceeding up to the clear what the the appellant alex was contacted by my coconspirators and co defendants who wanted me to sell drugs to them right away and then they took they took all of the steps required they conspired their plan to rob narcotics from an individual unbeknown to them with a confidential source they discussed bringing a gun to kill or to go to the meeting to robbery if it was necessary the figaro himself went into the restaurant to meet with the company for a source to attempt to lure him outside to his  of one it certainly distribution quantities and as the record lays out your honor the agreement between the confidential source and the and figaro in his co defendants work for him to bring sixty thousand dollars of course you didn't bring sixty thousand dollars because he intended to rob him they merely had the three thousand dollars as a kind of a lure and then that anything more than that and so that and that's all allocated to your honor and and and if i may add the remedy here is also one that's a little bit odd because because as noted figaro a pled guilty to the hobbs act robbery conspiracy with no mandatory minimum and the five year dropped those charges and its guidelines range was two hundred and sixty two to three hundred and twenty seven months and he received the benefit of a bargain getting a below guideline so now your honor if this is vacated then the remedy is a should should should should be maintained your honor and and also highlight before before resting our papers at the courts not have any additional questions these issues substantial the same issues arose last week  the very very beginning what's interesting is that the initial indictment charge narcotics kline's alone it was only it was only when the and superseding indictment was filed that the hobbs act charge was added and that's when the gun possession charge was added i read it as saying it was the confidential informant who contacted him i assume that there's no question that that the conspiracy was between him and a confidential informant that's not the point being i think it's or submission in the event that it might be relying on this case and it's i mean i sat on friday i don't think that that name is quite right there is a case with a somewhat similar set of