commentary that i should add for this particular aspect of the application that doesn't even care about attempts attempts are excluded under this aspect of the commentary what they're getting at is was the car the sort of  morning phone call to christopher saying the police are on their way to your house he has no idea how many minutes he has but he knows they're on their way and you know she's only fifteen minutes away his panicked reaction the quote says it's panic i with look at the circumstances it depends on what's in his mind her call wasn't the police are going to get a warrant and come to your house the car was the police are on their way to your house to look at your computer i had playing the court to survive which might be the most  knows from his aunt that they were just at her house looking at his computer and she was detained time and they're on their way in could arrive at any minute even if for an application no one however that standard is very out any evidence that a single file was so to speak double digit put in recycled and deleted from recycle but more than that they put on evidence that in the recycle bin but the the police arrived there's about seven thousand files when we talk about attempts we focused on the action that was taken which is the moving of the files to recycle bin and then the question is is that a substantial step toward the dog leash and or concealment images of children involved in bondage and social riots against very young children is clearly admissible where it's entirely by done that here it's also entirely redundant to the leaders were admitted the actual images of the events worthless and that's what happens here we have a defense the defendant testifies he denies knowledge he puts his credibility at issue and in the closing both parties recognize credibility is everything these images that we showed you are the worst of the worst they're not the most violent ways either images are the most violent the government displayed for the jury that exhibit two with the paragraph descriptions again it refers to agent who was called to testify to describe the investigation into the jenny series as her rescuer was a focus on the worst of the worst images and community computer the government's expert agree in an hour can do this kind of thing he found it to be improbable but he said it was possible and the waiting is something that the jury is required to do so when you harve get rid of it but not until he really needed to get rid of it and it was descriptions the evidence showing that he opened the styles that he downloaded the styles and so i want everything you just said doesn't require a description of what was what those images were true we have to prove beyond a reasonable doubt to a jury of twelve people wishes in that can be true right but the context in this case is that and this is i'm disputed at the trial court the nature of this defendant's collection which was a bastard was over ten thousand images and over eight thousand eight hundred videos which and there's nothing in the whole sheet that limits us to saying oh you just barely want to make that we have to prove the odd reasonable doubt that this is the case there's a strong retort to this barely there when you talk about seven rather graphic descriptions very graphic descriptions true  at example exhibit twenty six say that entire point it goes on for pages the time starts babies toddlers that was the nature of his collection needed there were these samples we could have used that were much more spectacle but we didn't we  victims in here under twelve that were being in the depictions in the images so then he claims ok it was mild where you could you could deal with whatever it might be and you did even older children you know kicking him from the question whether or not they were minors you know are they eighteen are they not eighteen this is the evidence we had we didn't have any other evidence that would show he's aliments based on his content his collection you know don't recall it was briefly touched upon but i couldn't get the page cites as to how many pages of testimony atop it turning back to the closing argument we agree that those words should not have been used but keep in mind that fenton used them as well he said that they were horrible and that it was we were not palatable they were awful we never disputed that nature so both sides were using those words with that sad we realize that it shouldn't be done but we don't believe it rises to the level of pain sustain our grief and you have to show that each of those rights to the point of postural air misconduct you have to show that we knew that we were doing something wrong either very very close to an intentional hat and there's no case l before trial that it was agreed with the court so that you could have descriptions of the images that there was going to be occurred instruction there wasn't actually ron i i don't know that there's a spot in there where the court actually address you the images were highly coveted to show no interest to you should the possession of child pornography so if you were around the government if there was a mention of some type of cautionary jury instructions and yet there was none in read the record i do not believe that there was any discussion prior to trial descriptions let's go to the sentencing him smile was it anything that was on the table to be retrieved from the computer that was attempted to be deleted timidly was not found or words if nothing was lost how can there be a material hindrance this is because we don't know what he's to be that it took us time to go back through and determine because we don't know whether he's communicating with children we don't know whether he's producing we don't know what was in this files it turns out he's going to be able to retrieve them and what they contain them pretty quickly to i'm sorry i'm pretty quickly too i just believe there was any testimony on how government really wants to have it both ways their closing argument to the jury was that the deletion of these files the movement of files to the recycle bin is happening as the agents are walking in the front door that she knows he doesn't have a lot of time understand that the fact that trial counsel was asleep at the wheel doesn't excuse or allow the government to just pile on and pile on and that's what happened in this case cunningham establishes the image just can't come in if the image presumption is presumed because presumed has sort of a legal definition and that's not what i'm suggesting but there are cases in the federal circuits talking about i would say that the less egregious types of evidence