to be taking over the case if you looked at the documentation however you'll find that that attorney was on leave through the entire period of time that was occurring in this particular case is there anything in connection with the motion to reconsider and so forth what felt it was pointless because he was under the mandatory guidelines and he spoke about that he did raise that was that where i would want as i was going through this case he did raise however the fact at sentencing that he didn't think the guideline should be mandatory so in whether the district court had jurisdiction over the motion for reconsideration but it wasn't filed till may fifth and a challenge to the december thirteenth order so what's the time limit for a motion for reconsideration i i don't know i have not did not research that your honor well this entire question in other words i think it's pretty clear that the district court only has limited jurisdiction over a final judgment and unless it's mandate had not issued or no it just after the judgment was entered i i don't know ok thank you your point about whether this is not a plain error situation as it is something that might have been asked subject of the previous appeal but isn't that settled now i mean as well the previous appeal was in that's not strange area between blakely and booker when everybody was trying to anticipate what was going on sure but if what we what we had to do in dealing with those cases was look to see whether it's a plain error situation or whether somebody was pressured enough to say i object to the guidelines on the ground mandatory guidelines violate sixth amendment as soon as he found out that this it happened to him that his case is actually been ruled upon and it's paperwork shows that he showed due diligence to try to attempt to find out what was going on with his case  frustrating i think it's frustrating for the court as frustrating for the parties frustrating for the government i think we all want to ask that same question defendants trial counsel why didn't you file something why did you file something the first time around why did you file something the second time around the as you can see probably from the record that trial counsel is a relatively experienced deputy federal public defender and you just want to know what went wrong problem is he's not here to answer that question for this court and we're all left kind of speculating as to what happened as buchanan talked about a few points but i'm not sure that all of those are actually in the record as to what happened to him during those particular periods of time and this court of course is not really in a good position to do fact finding what he would could he do could bring a twenty to fifty five that's exactly what we think it's still being on appeal it will not be final for until this court makes its decision and you have year after that period if i was twenty year too and what i think you can certainly see from the record denying resounds that i think you really have to look at judge fees in this court in this case and safety did everything he could do he made that initial order he waited a period of time and then others on he made another order and said respond to  barred over and a lot of criminal actions i don't recall and i'm talking off the top of my head in the most part there being any limits on when a motion for reconsideration can be brought i suspect there is an interaction between what you conflate you can call procedural the denial of a procedural right the kind of prejudice that strickland is talking about what the government is asking for here in this case is for the court to