as far as the suppression motion of the electronic surveillance issue i'm prepared to submit on that i think it's been well briefed especially by mr rifi and and the u s attorney's office we're we're we're talking about what is the appropriate sentence under the guidelines not what an appropriate sentence really should be i don't agree with the guidelines and i think i've made that clear on many occasions but that's not for me to say my job is to apply it as i read that this judge is he was getting ready to impose a thirty year sentence on mr rodriguez for saying if i didn't have to do that because of the guidelines i would not do that may please the court press release jr for the government put plea on the sentencing issues the government hasn't decided whether it's going to seek further review of am aligned that's something that the department of justice just going to need to figure out if i was the rodriguez case  to i believe that i don't know sorts been taken on my drink and i was been asked for that's right and we acquiesced and searched and so that's the real question is whether we will seek review of amma lines together with right three guests but i don't think that really matters for this case because given the remarks th judge felix made at the rodriguez sentencing i think that under either standard the case and probably have to go back so i consulted with my supervisors and the government agrees that the case probably ought to go back for the limited remain and that's contemplated a line now with respect to defendant just i think it's a little bit of a cluster case because the district court clearly believes that all of the enhanced means were supported and gave no indication that it would impose a different the government does not believe the black man controls here because the follow up affidavit that targeted his he was not a copycat of the initial mitchell wiretap application it gave a specific reasons or specific reasons for targeting kids he updated all the information on probable cause at the time the government sought the wiretap against kids you can also updated the information about each of the methods that the government had either considered or attempted  the conventional methods that were true of target one were not true of target two and that's typically not the case here and although there is some general language in the affidavit as there often is there were particularize explanations for many of the methods that the government had used in its more than a year long investigation of these defendants before the government sought a wiretap application unless the court has any further questions  there was a special verdict that was decided by the jury in this case and the special verdict said that mr kids he was guilty of at least five kilos what the probation department did was to charge see with over one thousand kilos and that's the basis upon which the guidelines were decided by by the judge that issue itself would make it an illegal to them under the sixth amendment what am  judge may or may not have made a different sentence have the judge known that it was that the guidelines were advisory then the court can send it back for the limited we man but my understanding is that given the fact that the jury's verdict was different than what the court used for the guideline calculation and it's almost an eight year difference is what it amounts to  i don't disagree with your honor on that particular point but that's not what we have here we have a pre book or mandatory following of the guidelines and that's why it's going to get an animal in reno and if i'm i'm a little mitigating and aggravating factors if it goes back for a limited meaning and then what is the question is the question to the court to the trial judge would you have had it would you have done anything different if the trial judge said no well then that's it isn't it but that's defense bar you got rid of the guidelines and so now you get the old system hollow statutory maximize the only thing that sits on top of the judge plus the usual rules that go to determining what the sentence was is within the minimum and maximum