issue in this case is whether the district court quote unquote considered the three thousand five hundred and fifty three dollars a factors under the compassionate release statue when it failed to consider how those of actors applies now as opposed to when a defendant was originally sentenced so this isn't a case where the court did not consider the factors at all or this isn't a case where we're arguing that the or applied improper emphasis on certain factors this is a case that asked the court to determine what the meaning of the word considered means in the context of the compassionate release statue mr name how it's our sentencing factor that was raised in the motion for compassionate release are you claiming that the court address or your honor but the gist of my argument is that the court cosmin sentencing memorandum is or was it i and i think you could see that the court did consider it was actually i take it a step further i thought the court signaled at least that it was thinking of the present time as well was not very long ago at the time of sentencing in that it saying it's standing i truly are now says it thinks the same reasons counsel to resell still basically so if the court is is basically just saying i don't think anything has changed then that's a way of signaling that it's taking contemporaneous look which is all you seem to be arguing  both i think it it's both you stop to have the extraordinary circumstances but that factor doesn't seem to be as contested as it initially used to be it didn't it and my observations of a current case law that are coming out of the district courts and have not wended their way to the court of appeals yet is that the court in many cases the government is consuming or ords it's pretty much easily shown sentencing was as recent as it had been for mr houseman essentially say you know i see you now but nothing in my opinion has changed to suggest that you should just be relieved of the rest of your sentence and put out even though as you say everybody agreed you know these the covert family of cases right there and mr houseman certainly has his medical issues and so the government wisely is not contesting extraordinary and compelling circumstances but that that's not the only thing the b o p for for forever has treated prisoners who are ill and i was the district judges are saying they think that's enough and why isn't that obstructed the banks efforts to pay the loans those aren't you and with respect to the return value of the sentence and the public protection those are things well i think that the court should have considered how the extraordinary circumstance in this case particularly affected mr causey for instance when the different that if the court did consider the extraordinary circumstances and found that there were extraordinary circumstances but that's under compassionate release motions that's not the only factor at the law does not say that if you meet the are stored unary circumstances discretion how the court could abuse its just crash and for not considering something that you're not going identifying what should have been considered well i think that probably the most that it's standing by its earlier sentencing analysis well because when mr cosmin was sentenced the endemic hadn't happened yet so the consideration and supported knowledge is the pandemic here and even looks at the most recent positive cases at the thompson penitentiary at the time that he filed his since the time he filed was somewhere between two and three