and what you're going to have to do the you can adjust the height of the lectern there's a there's a button there on your right and i would address both counseling range where he allowed another individual tremendous how who was a felon to use the gun temporarily for a short time to and will the it wasn't incense and alternative sentence i think it was the same sentence as i recall enhancement for possession of a firearm in connection with another felony offense and specifically the other felony offense was a violation of nine twenty two d one which makes it illegal for any person to sell or otherwise dispose of a firearm to a felon so apart from that issue that judge arnold raised the preliminary issues would  another howell cecil how admitted to possess and so there are two two different gu  twenty two i think was also there but missed there's no there was no plea that mr hughes dhobi my client ever possessed that weapon and he didn't plead guilty possessing that weapon so it's a little confusing that both guns were at the range of twenty two was thrown out of the vehicle but mr hughes dhobi didn't possess that firearm interest in that firearm the commercial firearms dealers congress saw wanted to close a loophole whereby people who had a permit to carry a one license or who who could legally obtain a firearm would do so and then give it to a felon so the statute was amended so that it was illegal for any person to sell or otherwise dispose of a f e so the question is what is sell or otherwise dispose of his cell basically to sell is that basically irrelevant because the statute mean it's illegal for any person to dispose of a firearm to another because other if you don't sell any weight then otherwise dispose of is is broader i would assume but their principle of edges them generis if you've got a string of words from one of the words is the civic that we're following it's more general than it's assume that  the following word is of the same nature and character as the preceding so to otherwise disposed of must have some similarity to the self otherwise sell is us past can be applied you rented it to him so that the buyer took possession then went off on his own and then came back a year later and handed it back yeah i think that would that would  the other the other question or the other point i want to make with respect to the nine twenty two d violation is even if you know handing a firearm to another felon on a temporary and fleeting basis is a violation of nine twenty two d is it is that under those circumstances i now there felony offense or is it part of this same possession offense possession of  if any if transfer in any way which is how we interpret it in the northern district of violence any transfer means to sellers or dispose of a firearm if that's if if the that any transfer of possession is another felony offense under the circumstances of this case where the transfer was very brief and fleeting it was basically shared minor enhancement of four levels in this case increase of a sentence the minimum sentence from at least thirty seven months up to fifty seven so presumably there would have to conduct would have to be sufficient to justify that degree of enhanced in because the of the conduct that underlies both offenses is essentially the same then it seems unwarranted to it i'm out of time your honor so you can answer ok if just to answer your question then the government sought to impose a cross reference for the shooting the homicide of mr edwards in the case of cecil how but the judge refused to found that there wouldn't sufficient evidence to support that none of the other  by all of the co defendants to shoot the gun at the shooting range so we're simply talking about a period of time at the shooting range after they left the shooting range the guns and up back in the car and then the four individuals drove with the defender mr holder how long of the government's position here is that a violation of nine twenty two d takes place when another person comes into possession of the firearm and in judge loken your analogy where you're at the driving range hitting golf balls with with another individual when the other individual has possession of the club they have put they have possession over that club such that the possessions been transferred from you to the other individual and what case stands for is that the language cell or otherwise dispose of an individual disposes of an item to another individual when that other individual comes into possession of that item and the law on possession in the circuit when it comes on lawful possession of firearms is clear that direct control over an item constitutes possession mr howell was guilty of violating the possession statute possessing a firearm as a felon when mr he was still be handed him the gun at the shooting range simply based on that conduct under the stagg meyer case a transfer takes place as soon as the transferee comes into possession of the said that to dispose of occurs when the recipient quote comes into possession control or power of disposal of a firearm and so the government's position here is that came into possession control or power of disposal of a firearm here possession when derek used to be handed him the gun at the shooting range and he shot the gun at the point that he's holding the gun and shoots the gun as peace in possession of the what this court said is that under either definition a recipient's possession is sufficient proof that a defendant disposed of a firearm five seven nine and five eighty quoting the seven the not specifically factually limited to a spot period of time like that the government's view is that the best case for many circuit is united states versus jackson out of the seventh circuit but admittedly judge that is a case where  not correct so even if this court were to find that the four level and has one or two key to get two point one be six is error that error would be harmless because the court both found that it would give the same sentence absent the question the court analyzed in walker and some of its progeny regarding the carrying weapons cases is whether an individual is quote doomed to automatically commit the additional felony and that would be beyond the mere possession a felony for which they're prosecuted her