attempted simple right louisiana statute and what the majority of the opinion does this analyze that the predicate crime simple rape under louisiana statute without the attempt nuance at the end of riley what the court says although this was not clues we've got the red letters that attempt is relevant only as to that offense has an element the use attempted use or threaten the use of physical force against the person of another but the wish does not say attempts matter and why doesn't matter because of the specific direct if you're that when we evaluate that's this in the category of crime we're supposed to do a more searching inquiry we're supposed to evaluate the exact expressly charged crime just take some slight act as toward the completion of this offense which as long as you have the intent to do it which means what you could call your friend and say give me a ride down to this guy's house i want to shoot at it or you could just be in possession of the firearm as a normal predicate substantive crime and health that this crime does in fact qualify as a crime of violence but one of the major the major move this decision there one of the things that was right on heavily and what the court said is that every time a perpetrator in cages is in or attempts to engage an act of rape some contact with the victim is achieved and i would submit to the court if you look at the riley case it's very heavily predicated on this idea of contact when we know that there is no physical contact so the court's pronouncement there of some contact with physical proximity does not apply in nevada law and under our categorical approach you know we don't just buy into the court's label because the court made the judgment the victim here says attempted unlawful discharge attempted simple rape under a louisiana statue so why are you saying it's dicta this is an attempted crime as well two reasons because the courts there specifically that the defendant never raises the issue of attempt so it was never nevada law is that right exactly wrong so that means for purposes of the of your argument you've got to show that anything that could be attempt under an about a law is attempt within the meaning of the guideline is not right right and we would argue that in fact it is i mean if they if  that you are so how do you get to where you want to get your honor again i would argue that the fact that he was he pled guilty to attempts he was not charged originally for temps in this case although that's not part of the records for you but he was charged something with something much different and he ended up actually pleading to attempt and there's no documentation with respect to a new charging document that's presented to the defendant when he wants him to plead guilty or not  that's part of the problem and yes i just part of the problem i understand uses the common law definition and because we don't have any facts of which we can take judicial cognizance as to what he actually did we have to go as broad as nevada law therefore we don't know that he's guilty have attempt no there was no submission of the charge of documentation at the sentencing hearing so i understand the court's concern the all i can say your honour's the argument would be that the fact that he did  the analysis with respect to the definition of attempt even if the federal definition is not as broad as the state to finish and at least my understanding and i did not reach this issue as the court's aware what w step with regard to it yes i would argue that yes to that that would meet the definition but that again the government's position is that it is a proper analysis when you're looking at the definition of crime of violence or armed criminal act in other words whether or not that it's hands has an impact on the actual potential physical injury but when you look at riley it's clear that the court says it should have no impact in these sort of situations case which held that the state label felony under arizona possession of arizona called drug possession cases felonies but in fact you could get no jail time for a first time conviction in a court using a categorical approach went beyond the term felony