our next case for argument normally your honor that would be the case and normally in viewing these cases you would have that but this involves a different situation it is a situation where every time there was a waiver of appeal and an appeal is taken the argument is the district court made the following error it's of course essential to throw an error in order to have something that's an argument that the district judge made an error authorized departure from the way well if you look at the cases where that happens  exceedingly rare for example lead us with a rare and exceptional case this likewise is a rare and exceptional case we're not suggesting that there be open season on vacating waivers but in the if you look at the facts of this case and what occurred at this sentencing hearing we believe the court should set aside the waiver the sentencing hearing the district court shortly after she'd be gone for her allocution the district court stopped her and began to interrogate her she attempted to answer the district court question several times and after a mere fifty two seconds the district court abruptly terminated her right to complete her statement to the court and proceeded immediately into sentencing and rest assured this is the court's action here are not like any of the cases we see in the briefs such as covington or the other cases where a court is attempting to redirect a rambling defendant or someone who has a defendant who is telling their complete life story and not focusing on mitigation this is not that kind of a case she was barely into her allocution when she was stopped and after she was staffed and after maximum sentence allowable by law by denying her credit for acceptance of responsibility and notably the government and the probation department both agreed that ms should receive the acceptance of much more severely than her more culpable codefendant who was much more involved he orchestrated the fraud and reap huge financial benefits from it and then serves the court failed to recognize that given the facts of this case and the complete lack of involvement in any criminal behavior whatsoever either before or after these events occurred that she was worthy of probation which was recommended by the probation department your honor the honors the right of allocation is a significant and substantial fundamental right in the barn's case this court stated that the right of is a procedural protection designed to enable our justice system of justice to mete out punishment in the most equitable fashion possible the court here denied him is  right at no time during her allocution did she ever denied that she had committed the crime she attempted to explain to the court how she came to accept her responsibilities she acknowledged that and initially to understand that when she gave her allocution she was very clear that at the beginning she didn't see this as a crime but rather it took her time to understand that what she did was criminal and when she said certain things in her allocution such as cutting corners and things of that nature she said that that's what she believed she was doing and not breaking the law but she said that she came to understand that this was a violation of the law she was accounting to explain the process of how she came to that and in that allocution she said i did this to myself and i except responsibility and i wish that she did that both at the change of plea hearing and also at the center hearing i'm going to reserve what time i have left your honor certainly counsel to fortun d we don't think there's any merit to them either it's certainly not a miscarriage of justice the district court gave four minutes uninterrupted time allocution an question of acceptance of responsibility i believe asked her true questions maybe three which miguel answered the court paused for i believe what the court said was a sort of pregnant waiver pretty much everything is waived completely no matter what and that's not what we stand for but let's just take that position you could have a sentencing hearing and you could have the court just for a court say i'm not going to do allocution which is essentially what happened here was it wasn't a complete allocution it wasn't nearly what she wanted to say and that would be ok but that's not that's not what the law says the law regarding the after the prior to the court jumping into sentencing there was a pause and frankly i was intimidated she was trying to give a statement which defendants to all the time they give an allocution statement and instead of being allowed to do that and to complete it she was repeatedly interrupted with this question what did you do and she tried to answer and he asked again and then a rd time and she was waiting to see whether or not that answer satisfied him or she could continue this is a woman who's never been in the criminal justice system and