good morning your honor may i please the court my name is wending care about that i represent the appellate mario ask him on hernandez in this case i'd like to start with the issue of the protective sweep that is argued by the government because i think that's really the crux of the whole case  were not available for use in conviction it's relevant conduct that bears on the sound so why did it make any difference to anything it would make a difference because the court would not be there is a provision in the guidelines for relevant conduct that would allow that to be considered at the court's discretion but the guidelines are also discretionary at this point so what is there a snowball's chance that that the district court would not have included was certainly within the court's discretion i can't say for certain that the court would have but it was would have been within the court's discretion now starting with the protective sweep again as we argued in the paper for people in the apartment there was one additional case cited by the government in their twenty it's a letter the power how case that the government used to say that under certain circumstances they protect us we can be performed even though someone is arrested outside the apartment i wanted to distinguish that case because in that case like all the other cases cited by the government the sweep came after an ongoing investigation in that case the police had information that individuals had been involved in armed robberies and that also they suspected that someone else who was in the house was a coconspirator that in addition the house was being used as a gambling arena and the police had seen seven people exit the house beforehand so they had additional information as a result of an ongoing investigation that individuals might be armed and dangerous and the house we have a lot of authority counsel that if they hadn't gone in then they would have and then they asked him whether there was more drugs in the apartment and he said yes and they got his consent and then they found the cocaine so i mean if in that circumstance it seems clear anything for him to consent that he hadn't been sent it would have been futile and there are cases that look to that if someone is in the area and if he knows that he's already seen the apartments being searched then that is and that you have to look at the ta and in this case the alleged consent that he gave was given within minutes of him being arrested and after he had already seen the agents going into the apartment so with temporal proximity the first tractor it was very soon after the original illegal search of the illegal perspective protective sweep in addition there were no intervening circumstances involved he was continuously handcuffed in custody in a highly coercive environment so to say that it wouldn't have mattered it protective sweep and we sort of emotional through except the videotape you were in for two minutes according to that videotape they were only in for thirty seconds and when they come out they're not holding anything in their hands to the point that was also made they didn't find any evidence bowie in the in the sense that the the defendant and the court has now by this time seen the videotape where they have the defendant isolated by the car was down at the end of the apartment complex and they were not out in front the agents could have stayed away from the apartments and still arrested the tenth fended and had him under their control it wasn't a situation where they would have to go into the apartments or in front of the apartments in order to secure the cocaine that was in the to the government's argument that there was an additional are there was some sense of urgency just because it was the distributable quantity of drugs would justify it's protective sweep in any case involving drugs and it's not meant to do that you know under the government's analysis anytime you had a distributor well quantity of drugs even if there was no other and issue that there were dangerous individuals they would be able to government would be able to conduct a protective swee