rely upon the brief of for most of the arguments i'm going to focus our our time here on the application of two k two dollars which is the four point enhanced minutes of for a firearm in connection with another felony and also mr lowe contends that the district court erred in its application of this four point enhanced miss for two made reasons one it relied upon inaccurate information and or speculation in flying and making its final due process requires that the sentencing determinations made be made up on the libel evidence rather than speculation or unfounded allegations this court's united states st bradley of two thousand and ten in order for the sided and its in its rulings of applying this four point enhanced meant that the size of the residence of mr love's residence was small in quotes it appears to be very small this drawing that was and that it by the government that was created by task force agents booty it was a special agents assigned to this case there was no evidence of any square footage or actual size of the rooms of the residence and task force agent duty and emitted in his testimony that the drugs were found fifteen feet from the guns was speculation he never did any measurements whatsoever with regards to how far the distance between the guns and the the drugs  nice because it was underneath the defendant's bed and was readily available to the defendant in that case in case there was some type of one home invasion so i so i do believe it is relevant the size of the residence and enough itself feet was speculation was basically expressed great i'm sorry if you say it was speculation yes your honor he specifically quoted speculation another in another part of the inaccurate information that district court relied upon was a prior home invasion the agent relied upon earth testified about a prior police reports from the chicago police department that there had been a prior home invasion and in that prior home in dispute that the drugs in the guns were going to those that were into joining rutan's it is not in dispute your honor that there were an adjoining rooms to the drugs were found in a kitchen and the guns were found in a hunch and a doorway that separated the two rooms officer duty special agent duty did not recall whether or not there was an actual door mr love contends that looking at the government's exhibit three you can you can see that there is a door albeit it was open but there is a door that separated the kitchen from the from the dining room i see to my time's getting in a limited i'd like to move on to the indiana battery conviction that the government's argument is that it that court this report aired in finding that the indiana battery conviction was not a predicate offense under the a c c i and predominately the government relies upon the united states states v duncan and seven circuit twenty six dollars team that somehow still plead that those cases are no longer good law on the score should not follow those cases but in stokely i think it's a very important to talk about with  justice thomas cited to curtis johnson the supreme court case in two thousand and ten cited to curtis johnson when talking about the definition of physical forks and when you go into curtis johnson supreme court of two thousand and ten when it's talking about physical force in the definition of physical force the united states supreme court relied upon this court's holding affirmed it in a roundabout way through its own holding in johnson curtis johnson but it did in fact affirm the flores reasoning in the flores definition of physical force therefore the the the decision of whether or not it indiana battery conviction is a pretty is a is a violent felony or a predicate of the east is u c l a has already been determined by this court several times the only reason why this particular battery conviction is this particular case was a police officer and under the any in a statute you knew better conviction in police officer touching or a battery on a police officer is elevated to a level class d felony at this time but it has absolutely nothing to do with the amount of injury sustained by that officer it's just the mere statics of that officer of that victim and i can respectfully ask that the that the courtroom reverse in felony battery resulting in bodily injury is a violent felony taken together the supreme court's decision is startling and this court's decision in douglas compel that conclusion to be clear the indiana statute that is a felony offense capable of causing physical pain or injury in this court's decision in douglas held that a statute identical to this one except that it resulted in serious bodily injury  a violent felony report held that unknowing touching that actually causes injury he necessarily was capable of causing that injury the only distinction between these two statutes is the degree of injury but stokely made it clear that that is  wisconsin it's and minnesota's battery statutes that those very similar statutes all qualify even when only bodily injury is at issue there's no there's no conceivable distinction of case law at this point between serious s asking the courts to decide whether serious bodily injury or in the end actually has an intermediate moderate bodily injury standard and the court isn't getting into those lines lines the distinction is between touching a kitchen the guns were in the dining room the drug money some of which included by money in this case was in a closet off of the dining room so all of these things were a close proximity and even beyond that there was definitely evidence that these items were connected mister lowe seen leaving the apartment to engage in drug trafficking there was a report from his matthews to be sure ms matthews in this to love would not let the officers actually come into the apartment so they couldn't tell for sure but otherwise i'm also happy to get back the balance of my time and we would ask that up just like i have gotten would ask that the judgment be we reversed that sentence be vacated but we would ask for it to be remanded with instructions to just report or to impose