anon this disregarding the sentencing we commendations agreed with the government in the plea agreement and also these regarding the timely objections raised by the court imposes certain syria that was substantially below the guidelines settles wasn't the recommended sentence but it was substantially below the guidelines sentence i make that point because it suggests that the considerations g charlie between the minor and mr and and this view review the content of the messages that's correct your honor and you think that it was obliged to notwithstanding that the ongoing exchange was between a thirteen year old  look at what you characterize as a relationship between a thirteen year old child or a class i don't know how you could even use the work relationships but if the court had done that and somehow and the logic of your argument is that the child bore some responsibility for what happened here if the court did except that argument that would have to be a legal error in the government could would be up in arms about that and say the two to somehow vary the sentence because of the relationship if you put it between the child of the record yes you just want now and i saw the two hundred and fifty nine dollars actually techs that were sent it was just one time only brought up one issue it was on january we're talking four months after the fact when this whole thing started there was a talk tobar in and a taxi brought a one time shot about two hundred and fifty nine dollars text sent by this minor who was at the time twelve when they started thirteen at the moment that this tax were sent and there was nothing about the contacts none were ever presented to the court as to what was the context of the text in this case so there is nothing on the record as of the contact all they did indicated was on one day two hundred and fifty nine text four months after you already had sex with this female minor who is thirteen years old excuse me twelve or thirteen years old so based on that record and ruling calculated correctly the guideline range and what he did was imposed is sufficient but not greater than necessary to fight the seriousness of the offense meaning to and maybe taking consideration you know some factors what happened with the defendant in the female and to defend its his terms that this is what the court says he's explaining why he rejects the agreed upon sentence right the court finds of the sentence to which the parties agree does not reflect the seriousness of the of the offense does not promote respect for the law does not that really doesn't so you very much about the particulars of this case it's just a statement that i've taken into consideration generally the factors that i'm supposed to take into account this is a decision that reach  what what are we supposed to do with that kind of explanation which arguably is no explanation at all well you have to look at what actually the court determined up above st of all it looked at the age  defendant where he was employed the history of his cocaine use and everything else and the ones that specifically state beforehand before he makes a statement mr hernandez enticed a thirteen year old female into having sexual relations with him repeatedly and to send him photos and videos of her engaging sexually explicit acts so there we do have some can show why it made that determination that it you know that made it made you  you're stating it boiling point language but it is focusing on the record and one of the parties had determined and what actually the p s r stated as to what had happened the court actually agreed with if you look in beforehand it found that the officer incorrectly calculated guideline competition and that the pre sentence investigative reports have a factor reflect the components of hernandez's offense by considering its nature and circumstances so based on that i think it does provide the core something to look at and that is that and what is explanation as to those four factors why it found it did not reflect the seriousness of the offense not promote respect for the law and