which contained a waiver his appellate rights which was conditional on the condition the plea agreement stated provided that the defendant is sentence in accordance with this plea agreement then he would in none of these cases that this court mention or talk about what kind of language or what kind of the magistrate judge taking that the defendant's place what statements would have remove the ambiguity but first of all it must be noted that in all of these cases this court the courts have acknowledge that this kind of ambiguity should be held against the drafter of the what level applies to you which category you have offended yes the court and you bind yourself to the supreme and the defendant yes and just a moment later he goes through the process of saying if you accept this you're agreeing not to appeal the sentence to said i don't want the crux i want the words i'm looking at the words you can tell me there's a crack someplace else be a better point me to the words that represent that crux your honor i'm agreeing that  my ignorance of this particular kind of plea agreement but this is essentially a contract yes correct your honor and  it's a contract governed presumably by a federal common law yes yes and one of the essential terms of the contract out that the parties are making and agreement about something like twenty some different sentencing possibility so i'm just wondering whether it's not a void contract because an essential term of the contract is completely uncertain having nothing to do with what was said by the magistrate having nothing to what was said in polokwane because a contract is judged by its terms so i just wonder if that maybe that's a crazy approach but i thought i throw it out there  see if you and your adversary had any comment about that well your honor i think we obviously agree that yes this is an extremely and us contract and and therefore a major difficulty however this is not  honor obviously the court's well aware that that was not an argument that was that was previously briefed or her absolutely i add and and i but i gave you a full thirty seconds to prepare t an issue of what sentence exactly the fed is going to get is always this is always a big us in a plea agreement unless there's an actual stipulate sentence which the parties have agreed upon the question of whether or not what the judge is but if the judge sentences the defendant to thirty seven months or less he waived his right of appeal so there's nothing in definite there what sentence the judge impose is a definite but not the agreement as to what triggers a waiver of the right of appeal here the agreement is if  sentence is any of various possibility depending on this whole long chart of criminal history categories and ranges set forth in the agreement and then depending which one kicks in then he waived his right of appeal the sentence is within or below the guideline range seems to me to be arguably twenty four ranges to actually four different ranges because the was never really a question as to the criminal history category so i'm looking a page sixty five of the excerpts of record which is the plea agreement and it does list twenty four inches or six different career criminal history categories which are accounted for each different range and so if you said something was out of the case or to misunderstand that that you said that there wasn't any dispute as to what the criminal history category which that if it was it all right but that doesn't affect or does it the offense level doesn't affect the offensively on a but it reduces the number of options for the court the those there's never really a question as to the there was never  please forgive me for interrupting but supposing that you're not the withstanding and there was no dispute between the parties as to criminal history category supposing the judge had said i find the criminal had history categories for with this agreement still apply but the waiver so yeah the waiver would still apply so the fact that the two of you agreed that on this endless char of possibilities the criminal history category would just be one of those possibilities something no one reflected in the agreement itself is doesn't this list which is something like thirty two or something there's twenty four different twenty four the agreement s conventional in your district this is a common please give me your honor and it's also the exact same plea agreement that was that was referred to in the in the in the four different unpublished opinions in fact my opponent said that there was precisely the same language an appellate we were that's actually not true in the non benefit of giving such a wide range to give the defendant such you get an opportunity to say well my counsel then for form bad quickly enough and i ask a different question and why if you know  calculated agreed upon your yes well i'd hate to speculate on my my my speculation would be that the fact that in order to get the plea agreements done in a more timely fashion the plea is entered into will for the final documents are actually received to become to come to a final determination i have heard it said that part of the fast track program pushing through thank you counsel the case just argued will be submitted for decision