is which way do we go if we go to the second circuit the merit circuit in the d c circuit worry your pretty good shape perhaps but if all you're does recognize that it is reasonable to like hamdi of this is by itself the other thing i would point out is that the cases that rule the other way like to have not done so in a context where you agrees but the court really has two options i think the court can limit sharon to its parents which did not involve purposeful do i and which is also true in the other circuits which are ruled that way over this panel could recommend to the court issue but we're not going to decide this today we now have circuits about forty four and it's an issue that's right for the court of i think this court doesn't want to be on the correct side of that split and if you construe section thirty five of one  medical treatment while it can be considered as to whether the delay was reasonable is not taken out of the safe harbor the thirty five of the city is very clear that there is no basis  got what i think is striking about this record is we have no indication anywhere that the agents were anything but completely indifferent to their whole point of obligation there's no testimony in interrogating defendants during the six hours before taking the defendant to a message but once there is a bright line and the six hour mark and that six hour mark on our record is two o'clock which is not disputed on appeal then after that point is it reasonable and here where there is no evidence anywhere ok agents were even attempting to comply with their duty to take the defendant to a magistrate and in fact to the record is the opposite  eight people were murdered a golf course in the virgin islands to help with where it went and so there was a massive massive law enforcement mobilization time to respond to find suspects in that case they were and so most of the confessions from the defendants including to russia were taken within six hours so there's actually the exams second confession and then sharon also gave a confession the following day and so the court and this is why i agreed it's not purposeful now i think i think the better work more consistent with the meaning of the statute would be for the court to take it on about and to speak because the n f l sits and to this is difficult for me to say because of the is to read c as a modification of that to say well you're not you can consider the length of the involuntary as during the six hour say partner now that is i grant a possible attempt to reconcile cases seem to say that if you just start a chain session before the six hours then you can think it can go on and now i do we do in our lives actually show up with the effect of the second confession which was outside the six hour time i don't remember any discussion in the opinion as to who they should and we do have a different situation here i mean what we know from the record in our case is that at five twenty seven the agents began to interrogate mr poorly about two things about the assault and about the drugs and that's in the record that he was questioned about both of those  contrary tha mallory did this that the agents cannot use their investigative purposes to waive their obligation to take the defendant to a magistrate and so my answer to your honor would be no that they need to stop what they're doing now in this situation this is parker had expired hours before so there's there's how can we say that it's reasonable and at three thirty or at five twenty seven lie so the record is fully developed and then there would be no reason to read them from back to the reasonable this determination is our position is a conclusion of law and is fully ripe for this court because it's our position that there's or beat on this person not really be dhoni but back to this person until he gives a confession why are kids be taken into account even though the confession later is roger well because i think in this situation you have to look at the entire situation this is the first real time the specifically have in knowing that these things didn't happen i think the court should take that into consideration and have the district court here said that he didn't believe that congress would determine that the officer should but you can see that you're outside the time so i don't know that that's relevant cell i'm not sure where your argument is taking a because i i think we're disagreeing on different things i whole point of the requirement to get before a magistrate now since it's for the defected and there's no indication that they sent him no we understand that you are tired but for your benefit we want to get you to a magistrate i don't i don't know why that wasn't said to mr chorley i don't know good i don't need to have an obligation to teach him to a magistrate i do know that they have an obligation to they say he must have said enough for them to say you sign it now there wasn't any more i guess question and we can assume and he says well he's  think there was anything wrong with taking him to a magistrate have an obligation the question is did they happen obligation to take him to the magistrate once he has slept over i believe he ha it's not in the record what we know was that they left at about eleven point five so was judge him reporting that we have three hours and forty five minutes possibly we don't know exactly what was happening what we know is that they were not interrogating mr crawley and we also know that they were not was the f b i is desire and when i say f b i i am talking about you and agent rozelle its desire to question mr chorley concerning the events of a bank robbery that she was being investigated for isn't that true and the answer is yes now federal agents similarly testified as to the seventeenth that he didn't take her to a magistrate right and that and that was because he wanted to get to compare and so that's in the record the government and this was this was an issue that was being living that the government did not elicit any testimony from any witness who witness that there was some other reason that the agents were were doing and so this clearly were not on the record and i find the government's argument interesting the to make it control by or something would you like to waive your right to a con to parents in front of the magistrate and defendants sometimes do with those rights and those might be litigated that is not the scenario that we have here we do not have a defendant who asked ok well if you want to talk with us to morrow morning we need you to wait you're going to a prompt appearance that did not happen and that is my response to your honor's question on the point ok thank you think you