i think he would have testified the thing lived there on and off that he was not a permanent resident of the house of even if he was there before he wasn't living there for say you exactly what he said to be wrong on probation is accepted and needs to have this factual basis so i guess my question is do you have any case does that help you on his dancing situation well i don't have a case that has him it precise deportation was invalid and other words that the immigration judge didn't properly advise him that he could file a petition for relief because he had a second felony and he was supporti prediction about her things might come out if you make your plea that's really think this is the lawyer and it turns out you rolled the dice a little wrong because then the law after you enter your plea comes out a little differently so if that was the situation in that case how does that case the fair and just analysis but if you're raising new we haven't asked something that doesn't have to do with the validity of the pleas then or she gets county of teaches us that that's not relevant and the court used the standard of you time and even if there's some contradictory evidence it might just go to the weight of that i didn't really understand the district court's failure to address that i think that just record even in the motion to d that finding and conclusion with the cases because again that fining goes to an analysis if our new change in the law argument was the only argument that would be appropriate then because it goes to the political play certainly no one complete guilty even if i mean there are factual innocence in other words right i mean i think one argument can be that of course you don't have to show that you're absolutely innocent you just have to show there's a reasonable doubt about the ability to have you convicted of so he lived there he didn't live there who are an honest i guess and you're saying that the judge is in effect putting him into a standard of actual innocence which would be incorrect if you had newly discovered evidence it would have to still that you were actually innocent if that would raise enough of the doubt for example that you might not be convicted so apart from what this damage instance don't you don't you agree you don't have to your newly discovered evidence would have to rise sufficient to least deserve the careful tension of the district court which it seems to me didn't get here well i guess i would disagree with respectfully disagree with your honor about the careful attention i think you did i think the says that he didn't live there face it conflicts with what he had told the probation officer he did conflict with his sworn statements so that i guess that's really taking it to the second level if you don't need to show actual innocence but some reasonable doubt and then that he has been involved in some violent offenses drugs and guns and with a court considers those those factors i think it's highly doubtful that he would have received us any steps even close to the benefit that he received in this  if maybe the district court made a legal error it says that the most important thing was whether the plea was knowing voluntarily and intelligent which makes sense if that's the challenge that's the reason you wan inadvertently i don't think so your honor i think again when you take the motion that the defendant filed you can't simply look at the first motion and then the reconsideration you have to take it in its total and in its total he w she had all sorts of invision of drug dealing in her own bedroom and she gets up there and tells the police that i don't like drugs i don't deal drugs it was totally her and that was the government's key witness against my client thank you case of the united states