would be the first one to admit that he has made some terrible decisions during his adult life some of those decisions include sexual intercourse with a minor  drug abuse alcohol abuse of violating various terms of supervised release and he is sorry for all of that but none of that is up the probation and impose a sense why the one what good is that going to do suppose we agree with you even well your honor we don't know what weight the district court gave the violation so that's some reason you want to send it back and tell the district court don't you if we if we rule in your favor don't consider this correct your honor mr kerry we brought this appeal there is just no evidence that mr kerry contacted a female miner the evidence we have which comes largely from his own testimony is that he intended and he thought he was text an adult female crystal his girlfriend crystal starts the letter k there is no evidence if you knew he was in fact sending out a message to our cave being the second initial of this particular mine or the government's brief makes much about the number one thousand nine hundred ninety nine as in the year in one nine hundred ninety nine which may have been part of an e mail address that belong to  hundred ninety nine being part of an email address is not determinative of one somebody was born it's not a it's not a birth certificate it's an email address and it was on contradicted that when this individual r k was interviewed she said she did not receive the message hey how you doing when she did not communicate with mr kerry she does not know mr kerry she had no contact kerry that was the rebut it testimony and evidence at the district corps yet the district court found he made contact with r k i r i made an analogy in my brief and i think if it's worth repeating what happened is tantamount to mr kerry standing many many miles away from this arcade inadvertently whispering into the air and front space hey how you doing and are caving in many miles away never saw mr kerry never heard mr kerry's voice never touched mr kerry and somehow that's considered to be contacted it's not my concern is that the district court lumped the various other bad actions mr kerry has admitted to and decided to throw in the kitchen sink for lack of a better term by finding everything was violated and sentenced accordingly  there is an exception to supervisor release number seven concerning accidental part of the unintentional or incidental contact with the minor even if there was contact and this would certainly qualify if there was contact mr carey testified and rebut it that this message was sent to our case because mr kerry's finger was a millimeter or two off on the a adult crystal his girlfriend that's the only explanation that was offered and mr kerry in good faith hypothesized that explanation to demonstrate he was not culpable for violating number of sub well right that the court wasn't required to accept that explanation that a card had not exist you're out you're out of the court did not accept that explanation we find as part of the mistake that was made here by the district courts have entered my red light time already that judge mcdade impose he's now into the supervised release period so if this case were to go back it would hinge on it would judge mcdade give him less time on supervised release now than he did the first time and the term of supervised release and i don't think there's any chance given this record that judge mcdade would impose less time on supervised release on mr kerry he didn't mention this incident as part of the justification for the sentence and we don't believe there's