to trial rule under the speedy trial act both of those motions were denied to the person motion covered a period from early in the case march twenty second two thousand and two to september thirteenth  april two thousand and three to understand correctly that the period you're referring to one hundred fifty three day period the only thing pending was your severance motion and their separate functor e discovery request is that right  that's what it found in his written order although that was never addressed that the time that the motion hearing were filed in court to this motion to have the thing declared complex was it was still on the bill and decided it was undecided however on on aug fifteenth two thousand and two the district court stated on the record that it would rule the following day in writing that it had sufficient evidence both verbal e and written to rule on this video trial act and also on declaring the case complex however when we came back to court on september thirteenth twenty nine days later the court just denied the speedy trial act motion and  preference i chose not to to address but i think other than the particular problem with your contention that it's the district court's decision whether to dismiss it with or without well i think this court certainly looking at the would be sort of in a protective position of its prior rulings and it would be difficult for us to find that prejudiced when it didn't find that the speedy trial acted been violated when we made a motion in in september and then  sometimes it's decided from here that it should be with prejudice and i think in this case mr horan was prejudice because his approach was to get out of the case with all the other alleged gang members that the everything had evidence against him at least on paper was minimal compared with many of those the only physical evidence he was found in possession of was less than a gram of cocaine  plea agreements where they were required to be brief with the government and became potential cooperating witnesses and the government had time to over a year to get ready and prepared transcripts of phone calls and things like before he did and now they could testify against him has now been made as well that's certainly made big the case worse for him because we don't know what they say or or what they did there was a companion it correctly but i think he his best chance for acquittal was to have a trial in something close to that seventy day period of time and i think he had a good chance given the fact that there is very little physical with the others a trial isn't that right well it certainly wasn't in the district court's discretion and that's why we felt that the district court should made a decision right away certainly  waiting any any further evidence i don't think because you couldn't really make a decision right away in this case i mean i would have to be sam i mean it sounds like there was a huge amount of just the discovery in terms of pages there and how many did they start out with well twelve and twelve and and thousands and thousands of pages of discovery so i mean it's likely i wouldn't think that it has counsel you would expect a judge to make a decision on at one point did mention the fact that all these defendants going to trial was going to try them all at once and then the complexity of trying case with different defendants where there's evidence that thousand and two it had all the evidence it needed all the information it needed verbal and written on the matter and didn't invite any friends or argument or any submit to submitting any written materials on the paint just to get a better handle better chance to get out of the gate first it's not a big that's for severance and i believe that was the basis raised by the time in the district court level the issue here really is whether there are we pending and resolved all motions were decided i'm april seventeenth two thousand and three in this case we have a wonderful record from the district court he needed written findings and those findings have to be continued by the by the two until april second of two thousand and three there was nothing pending except the perfunctory discovery request and his motion to sever which there were motions were filed after the october testimony whether or not the defendants will be chained whether or not the government would have to turn over james material earlier than what the government would agree to deal with the issuance of the henthorn quest for the agent that would be testif month period of time no further motions were filed on that time and i don't believe for their motions have to be filed for your honesty find that there were pending motions and if you would call just to court judge found and the fact that motions  on at a port of entry with one defendant and it's helpful marijuana and that's not the case and that in that one they continued hearings but they never ruled on the motions they never set out for a hearing in this case in october the court that with the court's convenience and also on no september thirteenth that said that the court had taken motions under advisement back on june sixth the next it started in our or brief all the motions these early  has everything that you want a very well i would hope you file that motion for something that you didn't want there were issues that came up at a later date that were very discreet and very unusual facts mr swenson fire give me that i just misunderstood the explanation of the meaning of something i was basically just to cover myself now when like that that was something that we filed on april third in the government even now with me when they file them in their discovery motion to just to cover yourself to make sure that later the government comes up with something that you didn't have that you said hey i asked for that back two years ago