basically rule america when they decide that something is an unenumerated fundamental right. in the one minute and 48 seconds that i have, let me ask you about a specific case. you remember u.s. versus brown? this was a guilty plea where you are asked to assess a punishment. at one point in the proceedings you said i'm going to state for the record, however, that this court has a long-standing policy disagreement with the criminal history guidelines with the respect of the application of the two-point enhancement. do you remember when you said that? >> i don't remember that particular statement. >> how is that policy disagreement different from other disagreements where you said you're not going to get out of your lane, you're not going to get into the policy lane? >> yes, senator, the
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