could prosecuted this crime with if you use all the powers that are available in the statute there are other areas that are defined in the statute various protected areas that could have been used but the indictment indicts t specific whereas elsewhere in the statute for example under use here that provides a far greater range of possibilities what would fit within that group would be other sorts of equipment think young children would use sandbox in its merry go round things about nature well does not seem to fit within that class would be basketball court tennis courts soccer fields equipment of that nature nothing more for the united states i'd like to get right to the issue and i guess the government has several points on this first of all if you look at the literal terms the plain meaning of the statute covers the basketball courts skating rink and softball field the language of the statute is defiance playground as containing three or more separate apparatus intended for the recreation of children including but not limited to that sliding board tutor taught so the operative terms of the statute apparatus intended for the recreation of children and as the court pointed out this whole statute is a statute designed to prevent drug dealers preying upon children as the district court indicated the obvious target group that congress was trying to protect would be teenagers and all the children would be susceptible to drug use and drug purchase our position is it would make no sense to only limit the statute to playgrounds that would trade it for small children little children ones who would not likely be able to buy drugs yet exclude the clear target for congress excluded because it doesn't make sense that drug dealers would target small children to avoid death to make sure that the statue was broad enough to not only reach the target group but to reach small children which congress may have a concern about rink softball field these are things clearly the children of people who will be susceptible to drug use drug dealers will congregate at that play with and the clear purpose of the statute is to create a drug free zone around these playgrounds make sure that kids have a chance to grow up without that detrimental element being being imposed upon them but i believe if you look at all the elements of this case the plain meaning of the statue we believe jail letter your honor that shows that how does this principle should be applied or not apply in this situation where was directing the meaning of the statute would tend to limit  now are you saying that within the meaning of that arrangement that we would have apparatuses that we would call those things apparatus i got your honor i think that's the song structure that is placed no congress saying we chose these words for this reason but the way that i look at it is this the purpose for this three apparatus requirement is to give drug dealers sell notice that this is an area that they ought to avoid soul of and of course to say just the playing field like a car with just park benches but no apparatus like a vast a ball court that would tend to give someone notice that children like to play there that's not covered by the statute but what my position would be say you had a little league deal there was only of baseball field with backstops and babysitters and you had three different fields i think clearly vet would be covered because it is a structure materials put together for use for recreation of children and i think it would it would satisfy congress's thought that maybe we have to give some notice to people that this is an area that they should not sell drugs near to you know whether out of pitchers marlin and an it that way and our job is to follow what the statute has i noticed in the government's grief they discuss the history of this statute and we see that the statute has been involved over the past twenty years and that evolution is that the nature of the encompassing a broader and broader protected area that area may well become broader in the future but for now what we have are these limitations that congress