bulk shipments of steroids from israel they would repackage and label those for retail distribution and then they would send them to customers in the united states that have been identified by their israeli partner m e was not then nor ever part of that scheme instead he was recruited two thousand and fifteen by mr walters first specific purpose and that was to distribute steroids to people in the local bodybuilding community or gyms because mr creamy was a bodybuilder that was his agreement that was mr cream is agreement with mr walters at the sentencing proceeding the pre sentence report recommended a base offense level of sixteen there was no reasoning given for that no factual basis no theory to support that mr crimi objected and he said that number one it appeared that the sixteen might be based on conduct that mr walters mr in the mailing these steroids he did object did he ever object specifically to the total amount of drugs involved in this and piercing and if and if so where in the sentencing transcript did he raise that objection as i understand the argument from reviewing the record the objection was to the scope of this involvement and because his involvement was limited therefore he should be responsible only for the amount of drugs found on the particular date instead of the total amount of drugs that could be attributed to the entire conspiracy so there there's a distinction there because under rule thirty two the court just has to rule on the objection that was before the court there third so was there a specific objection to the total quantity that could be attributable to the well there was an objection that specifically argued the quantity that was attributable to mr crean right but in the contacts his limited role in the conspiracy as i understand it well i think both things are done this is pages  twenty one twenty three of the excerpt and one about one twenty the objection discusses that look sixteen may be the amount that's attributable to walters and henry although it looks like that's including conduct that mr creamy was not involved with and then it one twenty two it says that the only reliable evidence with respect to mr karim mees conduct is the evidence that was seized in his home when the search warrant was executed so i don't know how you could view that as anything other than  sufficiency argument that there's not sufficient evidence to say that he's liable for sixteen there's only sufficient evidence to say that he's liable for ten in response near the probation officer nor the government said well look there's evidence that he's reliable for sixteen based on x y or z there is no evidence pointed to there is no theory offered as to that the district court nonetheless said i'm going to apply the sixteen but again there's nothing in the record to support a sixteen but even if he only had objected to the sixteen and saying that's ok i accept that is the amount for the whole conspiracy what he was saying is that under one b one point three relevant conduct i'm only reliable for i'm only liable for what i agreed to do and what i agreed to do was to distribute  steroids at a gym not all this mailing stuff there's no there's no dispute the record is clear that he's not involved with with the mailing stuff so the district court has said plus sixteen it doesn't give any factual basis while under the rule thirty two the district  obligated to the court says the main issue the court framed the issue once the challenge was raised that my involvement in the conspiracy was limited and so therefore i shouldn't be responsible for the entire amount that's attributed to the conspiracy the courts frames the issue exactly the weight the fence objective which is the main issue here how much of the conspiracy should he be assessed that goes to the base offense level you're advocating a level of ten and then the district court goes through the arguments  and and made findings that he was involved in the manufacture and you can you can challenge whether those findings are correct but i think it's difficult to say then that court didn't rule on the object and i agree and i point out the district court did say that at the beginning the sentencing hearing that the main issue is what's attributable to mr crean here and then when it came time to assess that issue of how that how that played out in the guidelines context and this is it either one forty seven the district court said a conspirator as you know doesn't have to know all of th nature of the conspiracy or all the precise issues involved in order to be liable for conspiracy i'll get to that we get to the base offense level then two pages later when the judge gets the base offense level she just says plus sixteen applies she doesn't give any reason for and what that quote  that i just indicated on one forty seven so is that the judge believed if the person is liable for this larger conspiracy because they play a bit part in the conspiracy they're liable for all the drugs in the conspiracy one of the one point three makes clear that's not the  can be different basis that's levels for conspirators involved in same conspiracy based on the scope of what they actually agreed to do and mr creamy didn't agree to this whole broad conspiracy of mailing stuff all over the us he agreed to distribute stuff at the local gym to his body building he did say accompany him to the post office but throughout his testimony he repeatedly makes clear that mr crimi is not involved in the mailing scheme and i point the court to excerpt a record thirty thirty eight sixty two to sixty three  plate also saw that walter said that creamy accompanied with the post office when walters was mailing steroids well and i don't know what he meant by a company if you want to long the car would walters the steroids but that the bulk of the evidence is that mr crean was not friends so if the district court i believe if it had carried out its obligations under rule thirty two of pointing to evidence that supported the finding of a level sixteen it probably would make clear to the court going through that requirement that there really was no evidence there's nothing in the record that supports a level sixteen and also there's a they indicated the one b one point three requirement that the court look to specifically is agreement it seems clear that the district court only seems to believe if something was part of the larger conspiracy in mr karim he played a big part in that conspiracy is liable for it and that's where under one b one point three zero if you know for the questions i was  the court fulfilled all of its obligations the nature of the objection below with your honor no to judge when it was that the defendant was an end user and that said he simply obtained steroids from mr walters and henry that is a contention that the district flatly rejected on multiple occasions the court rejected it in its memorandum decision when it found beyond a reasonable doubt that the defendant was guilty and it did it again during the sentencing hearing when the court said i reject the fact that the defendant was not involved in the manufacturing  steroids in labeling and repackaging them for distribution it was the record show when mr creamery joined this conspiracy and the quantity of drugs distributed by the entire conspiracy after that date your honor what th of drugs distributed by the hope toward a conspiracy beginning on that date going forward and your honor is to question really shows why the court guidelines calculation likely grossly underestimated mr karim result full scope of conspiracy really what we have here is a district court concluding that under one b one point three a one day as opposed to relevant conduct that the defendant was directly involved in the distribution or manufacture of of at least twenty thousand to forty thousand units of steroids we don't have to get into whether those units were reasonably foreseeable to him whether it was within the scope of the conspiracy or in furtherance of the joint and or to because the evidence type that amount to the address tied that amount specifically to mr reply re suggests that the one hundred forty seven packages mailed between june and september are actually packages that were mailed from oceanside because there's reference in the complaint at eight nine that there were one hundred thirty four packages mailed from oceanside as well as an additional eight packages from the scott street address and point loma but they are separate calculations there was an extrapolation conducted based on g p s data that showed that and there is a reference to led to the twenty to forty thousand figure which again is grossly underestimates mr karim needs for sponsibility because he wasn't responsible only for those mailings he was also responsible for what he distributed and in the records we laid th in the record there's plenty of evidence to show that mr kearney was involved in at least two thousand dollars worth of steroids sales per week for a fifteen week period mr walters testified that he went to mr careens home two to three times per week that he would drop off fifty vials of steroids on each occasion and that those files contain to ten millimeters of steroids kept doing the calculations that is well over the twenty thousand units threshold required for the local distribution scheme alone that doesn't include the mailings which were essential to the scheme and that's because of the nature of the conspiracy both walters and henry testified that they received no profit from precursors that were delivered to them that it was essential as part of the scheme that they mailed portions of the story out they got extras in order to distribute and that's how the skin worked with out the mailings the local distribution couldn't occur and for that reason the court didn't air proceed your early or otherwise is jumped around with a lot of different theories as to how the district court could have gotten to a sensible sixteen for mr crimi of address was my reply brief couldn't possibly address them all right now but i'll just say in short you will find you will look in vain to find the district making any such findings factual finding the support base fence level sixteen and as a matter of fact mr walters and mr kirk mr walters mr henry entered into plea agreements based on the entire conspiracy conduct including their mailings of bas principle sixteen it's obvious mr creamy was a bit player who had a very focused role so why would he be at the same basic fence level in less he's it encompassed in his base offense levels all their conduct that he's not responsible for in the final point that i would make is that the g p s data showing mr walters going to mr creme he's home is two visits that's june fifteenth two thousand and fifteen and august thirty first two thousand and fifteen that's an excerpt of record twelve to thirteen there are multiple visits indicated to his home in the g p s data in mr walters post arrest statements he said i went to he's home six to ten times that's an excerpt a record eighty eight to ninety as i indicated the tracking data shows two visits so they're infrequent visits all these trips that add up to one hundred forty seven packages those were by the way  packages that were delivered to a post office in oceanside that were put together in oceanside far away from mr creamy selves all that stuff is not related to mr creme use involvement the court doesn't have any questions thank