of you to join us mr winter the morning again you on a first let me address that please i do not have any justifiable reason for being tardy i received notice last week i read it and i do not know why ten o'clock we mean in my brain last night i was reviewing for arguments i got up this morning and i reviewed four arguments identical size went out in a yard and practiced dong left home and taken my time i was out in a parking lot talking to someone i was i sincerely i do not know i am wondering why it is in my mind that it was ten and even when i was sitting there and i'm saying wow i'm late i'm sane but i've been in arguments and it and i do not know when it was revealed to me the problem he was it indicated to me he was in puerto rico incarcerated and he wants to do a quick plea agreement should be reasonable and it turned out that tree and i have years was i'm reasonable but with let's start with the period between the execution done that i was supposed to be court i read it last week and i forgot the time when we were talking about jus process and the history of trying to get matter was resolved because of lost of memory i saw the generous dad even that dili should be considered and to have an extended believe is even more detrimental in some ways frankly judge it when i read certain things and i speak with my client who was very very active in this case he reminds me of so many things that happened and what it is because of age that i'm losing my memory i hope not but you just saw many things that was going on and i suggest that there is no justifiable reason i do any time do you walk us through that test and tell us how you need ya know my brief address did and i  sentencing hearing and that by doing that you've you've not asserted your speedy trial right in the years judge but they said that was brave and because i have not done that as it states in a brief does not mean that it was we've done all right well i'm not saying it was waived show show me how you've met that part of the test judge do if you did not request that the court to rely and my argument stemmed and in my argument is that appellant did not clearly of saudis wait to ascendency does do this does not determine whether the rate has been violated it would be inconceivable that the constitution would and children that he was taking here and had he been sentenced immediately he could have done the time and there would have been all day he could start the business instead it got to be procedurally what happened my tried indicated that he wanted to negotiate a plea agreement i can't attorney hynes and she indicated that she would like to do by we all schedule i didn't time to be in puerto rico i did one novel prison and that occurred there was an agreement that was reached at that time certain problems happened which i would want to slap myself but at that time i acted in good faith there was no copying machine or any documents that were present in the jail is there a plea agreement signed there was a plea agreement that was negotiated wit need to get up to the district court is like you drop everything because the district court calls rushed up to the district court handed a plea agreement and i went and i sat with my client we against multiple undercover officers multiple including police officers as well as correctional officers and several drug dealers it resulted in extended investigation two trials because the first trial ended  and a threat against a juror so it had to ended in a mistrial and ultimately the remaining two defendants were acquitted during that period of time as the court as well indicated the defendant in the plea agreement which incidentally was read to him during a plea kuala qui he indicated that he understood himself personally and during his testimony in both charles he indicated that the plea of his understanding of the plea agreement during and plea agreement he waived specifically waived his right to a speedy sentencing and and therefore it was a case that was extremely complex and i  fact as the court as well pointed out in this surely when he pled guilty he was allowed to be released into florida and was given notice to come back to each trial which he did and never at any time  there were several defendants that had to be sent i believe the number was five that had to be sentence and they had to be sentenced in due time furthermore the trial court that's the trial judge just sat in on this trial retired in december of two when there are complex cases such as forces pemberton which involved a sixteen month delay had delays that were as long even longer if based upon the complicity of the case now recognized by this point the case was over i faith on the part of the government and there is no demonstration of bad faith in a part of the government and when you consider the length of the delay the reason for the delay as well as the fact that there was absolutely no prejudice to distinction and we would ask that although there and keep in mind the party said come to a meeting of the minds input a recall that plea agreement would have been signed it does not have to be before a judge we could have signed it there but clearly that was not a final plea agreement and if one were to look at the terms of the fl there was a full agreement to reach in puerto rico what happened to propose agreement was crashed up etc that she had taken to puerto rico and we did not have the agreement with that is one of our colleagues would say game set and match however he called attorney hines and we spoke to attorney hines about a month later after calling her and telling her no my client is not going t etc that is a but a month after the change of plea and we had a telephonic conference and this is what i am you know and she indicated don't worry about it she's going to take care of it when the time came for her to take care of it she never did and that is where my client is upset about because of the if fact that there wendy's was never discussed and also all there was never no my client finally instructed me to go forward because he was always under the impression that a judge would not set it aside and then he would in court a rap of the judge and i think he still it could be wrapped sentencing judge because the government where we recommended forty four and the judge impose forty eight i think sol he's still in court that well thank you