distribution charges brought under a separate indictment in this case and those were dismissed as part of the plea agreement in this so the only federal charges he faced were the potential ellen of possession of a firearm i don't know the issue in terms of the basis for having a firearm but the judge were incorrect army in furtherance issue what would be the effect your honor i haven't calculated those ranges out and i apologize for that i'm  assuming just based upon what we know that it would probably be close to a twelve month sentence maybe a little bit more probably twelve to fifteen just understanding that an eight level bump is twice as much as a four level bomb but his you know but we use we use these nine twenty four c cases as our baseline let me ask you first before we get into the substance what do you think the standard of review on that in fact on no i that's surprises me reading never mind i says rise to even i was surprised that we could possibly have different views on well and in fact on april third undisputed but the interpretation of those facts is disputed in the sense that both the government and the court said well he changed his story we say no we in the stories aren't inconsistent he said he was using the guns for hunting that the guns belonged to somebody else that's not inconsistent but nevertheless i think that maybe the interpretation of facts such as the district court in that case is subject to more of an abuse of discretion is standard as opposed to the first issue in this case the guns are in the bedroom i believe that on page eight section thirty five it actually says that two of the guns are found in cases five of these on the dresser and one of them is under the bed and and just vansickle i think noted that in his opinion thirty in the twenty thirty thirty they had to go thirty thirty in the twenty gauge one of them was under the bed one of them was on and the rifle i think is the one that's on account of means even if he had you know had one of these cases outside of the case and had leaned up against the wall so that somebody walking in buying drugs saw the gun and knew this guy was armed and not hold anything help us any more than we've already been helped in terms of where they were found your i don't have guns we're in which cases and so on your i don't have a decided to the excerpt of record my recollection is that there was a twenty two caliber rifle found underneath the bed a thirty thirty caliber shot down we don't know where it was and we don't know whether it was in a case but we do know that there was no ammunition for the shotgun in the room now we are you're absolutely correct your honor said the house in january and how many times does he go into the bedroom during these purchases there's two instances where he's standing outside of the vigil many observers mr rodriguez go into the bedroom and in addition if he ever does he ever go into the bedroom that's not my understanding or that you standing outside of the precepts what your understanding based on i mean i thought i had thought he'd gone into the bedroom but i may be mistaken there from the review of the record my understanding was that the confidential source of your mystery would come into the house was introduced to monitor he would not necessarily have to present a gun when the person enters the house normally that individual be trusted when they're coming into the house to make the purchase of drugs did you try to get any testimony from anybody in the house that would confirm your  or is there something different about this case that puts the gun outside of the connection with the drug deal and here is the difficulty we always have because search warrant mr reese was home they found an unloaded stock shark gun and they found that the government did not meet its burden of proof and the reason the government did not meet its burden of proof is that the government never showed that rios was involved in any drug trafficking activities inside of his home rather rio's he was involved in obtaining prescription drugs by far from prescription the distributing those of third parties all of the drug trafficking activities occurred every of his father's house not a real sex house therefore the government was unable to show any nexus between