of the initial approach another view of that of course is not cavalier so much as he is very strong views about god that's true that's true it is true that is true let me let me say something about that so so what do you do about that i t my clients at great expense and enormous efforts the federal judicial system the federal the federal criminal justice system has has interviewed and surveyed every federal district judge in the country over the course of many many many years and what they've produced is amalgamated wisdom of those judges in cases like this one of the important parts of the sensing statute is you that a foster respect judge sentences lower than the guidelines then what's clear here is we have a solomonic district judge far wiser than the accumulated wisdom of all these other or if he senses above the sentencing guidelines  court but but in either case it doesn't it doesn't promote respect for the law and so it seems to me that a judge has to give a little bit more now look i recognize the guidelines or the guidelines are rather advisory and that's fine i think that's fine and but i just think more has to be done here are you directing to the comments that he makes and made i suppose but actually is that what you're focusing on a little bit above i mean he skylight range is much too low and perhaps we can infer from that that he knew what the guideline range was and considered but we don't know because he didn't exactly say what he thought the guideline range was  guidelines range is not mandatory to calculate what the what the level is to make rulings and whether he should downwardly of the evil he said that but i think you should at least say he's going to actually say on the record this is what the guideline range is i think he should go a little bit further and in this case he could easily have said i think i should know about the guide later rage because the guideline reaches in really isn't really designing this isn't heartland offense i mean this isn't the  sentencing judges you know obviously expressions of contempt but that that that's exactly what it is that causes that or not to be respect for the or not be respect for the federal sentencing system of of you me come along with me re consider other factors in the sentencing statute and do a variance and that's what i think that's what i'm arguing anyway well let me jump over to the question of the of the waffle machine lawfulness of the initial stop and the reason i chose this i chose this i give it because on the way down on the train as i was as i was as i was as i was really my brief trip to stretch i looked back in the train and i saw that except for the people who are asleep every single person on that train was of the initial approach ok so what do we have we he's double parked i'll come back to that the nd his interior light is on so you can see what's going on the side of the driver's door is open so the people walking by on the sidewalk can actually look in and see what he's doing and he's looking down at his lap the police pull and we can see all of this in the in the videotape the police pull about maybe four cowlings in front of him they watch him for eight minutes he apparently he doesn't he just looks and looks and l driver's the driver's driver's door i would say that at that moment a reasonable citizen would not feel that he was free to come and go as he wished that he wouldn't he was free to break off the encounter and it seems to me that in order to justify the initial approach at that point you have to have reasonable suspicion based upon specific and i think you'll the fact that we're doing is a for now there's no one to testify it's a high crime area the car is double parked but these are two detectives not traffic control guys on not beat detectives neither of them testified i will go back to tell me to move his car or we're going back there to give him a ticket when we actually want it when he's this is important is because you know under new york law if the if one of the elements of the crime is that you had the intent to prevent a law enforcement officer from performing his considers them in great detail in fashioning a sentence which is either above consistent with or below an applicable guidelines range which as of course the court is aware in this case for the policy statements in chapter seven which were approach this was not discussed in the lower court proceedings because it was so obviously a lawful approach in the st instance as a matter of law the fact that job his vehicle was double parked t v officers reason enough to approach the vehicle and engage in an encounter with the encounter could have proceeded well beyond that even had dope and not stuffed the plastic bag in his lap next to his seat and out of sight from the officer but in any event the circumstances preceding their approach gave them more than enough reason to simply approach the parked or standing vehicle where it was and corrective person simply looking downward even for eight minutes or ten minutes is not non it's own objective lior credibly a reason for police to suspect anything unlawful going on in the days no closer to where the cars were parked on the left hand side of the road and that the officers had passed once and then driven around the block back slowly towards the car and remained  observing for approximately eight minutes and observing no change in his behavior made the decision to satisfy their reasonable curiosity by simply walking near the car and checking to see if don't it was for example looking at a phone  see anybody who has a spouse who keeps them waiting should feel great sympathy for the dog because you sit there and you look at your cell phone and you wait for a minute we've got the door open for when they come and it stretches strikes me that clever police officers  can take the most innocent set of factors and make them sound suspicious to justify an approach i mean you may think you know jeff sachs throughout the course of this argument i haven't seen his hands i don't know what's on his lap he's positioned himself you know when you've been his position himself he's positioned himself in a way so he can see if any law enforcement officer comes and he's trest very strangely i've never seen people on the street