citizen he traveled with then denver where he was where he was point and mexico he had a rooster fighting business in mexico and normally he left during the months of november to some time in i think it's april what happens  that the court has to consider several different factors if you consider those factors in relation to mr resign and this one it's important to note that this there was t landlord of the property mr resign it was clearly not here so it's also fair to infer that the gentleman that was living in the home paid the rent the way i have a question he rented this house for eighteen months april then he moved back in april again and he lived there till november until all of the properties which the agents were able to see were moved to a separate where and his living his furniture his washing machine everything was in that house so repairs he had to do the house and also evident by the fact that they had the utilities so definitely at the time he is arrested months later he no longer is in that home or what the government is trying to do is they try to infer that given that you acknowledge that there was some drug dealing and some use of the garage for transportation of the drugs but what point do you want us to this arbitrary line and say given great deference to the district court using some kind of a sliding scale because it was only several instances of drug connection this house we're not going to find that the district court is entitle to apply the guidelines it seems to be you're asking us to apply some kind of a scale to the to the several other items that were not found in my client out in the yes they had not been watching the house for such a long period of time this argument may be a little stronger for the government but they're watching it on a day to day basis  and they do find drugs want to see that enough for you to win incidents in murphy and in henderson we're talking about these very three thirty minute drug transactions work in this case yes we're saying two incidents but this isn't a day long situation where the house is involved this isn't just some guy coming more than these two because if there are there are then we need to know that it works well so i mean this is a weird situation because we're limited obviously to this very weird because you're limited to the record so what is the record well ok so we're limited to the stipulated facts and i think two thousand dollars a month in rent and utilities and what's happening while he's gone is he's letting his coconspirator live in the basement and the coconspirator during that time is handling these and we know also from the records that you know this isn't just his uncle this  quick drug sales of the quantity of drugs in murphy significantly lower maybe a hundred thousand dollars worth of drugs here six million dollars worth of cocaine we also have in murphy i actually lived at the house we know we had a lawful purpose for being there here you know why would you pay for six months a friend when you're out of the country and also in murphy you know did you have another whole time in denver or was this the only place not that  destroying neighborhoods where you you have a house and there is cocaine transactions happening all the time and neighbors here cars coming and going at all hours of the night to be sure that that's the primary purpose guideline obviously but seems to be on the sliding scale if we do consider severity of the scale of the transactions even though they yeah he has this property praising god you have a doctor in the hamptons who had a five million dollar house any superficially leads a very normal life runs the beach transaction for operation going the last six days can we say that the that that's a drug house you know  there's x there's a shorter period of time between december between this and between february and april where the at least three separate by so you're talking about whether or not they have been for five minutes or that happens much more quickly the enhanced purpose is to determine whether it's a primary use and i agree that could be more than more than one primary use of a home but in this case you have an insta dental there's will be no cases