mr. dreeben. >> thank you mr. justice. may it please the court. this court does have jurisdiction to decide the question of miller's retroactivity because louisiana has voluntarily incorporated into its law a holy federal standard. in this court's decisions in standard oil, merrill-dow, three affiliated tribes and most recently ohio versus reiner the court recognized that when a state chooses to adopt federal law to guides its decisions and binds itself to federal law there is a federal question. >> they can change their mind, right? you said voluntarily chose to follow it. they can voluntarily choose not to follow it any more. >> the same is true in any michigan versus long case. what that says said is that this court has jurisdiction under section 1257 to revolve state court resolutions of federal law and it will presume that a state constitutional decision of a mirror image say of the fourth amendment will be binding but recognized that the only circumstance in which the court will not treat federal law as governing both questions is when the s

mr. dreeben, how do you explain how your articulation of your test wouldn't apply to the guideline change that we made. >> i think the key difference is that, with respect to the guidelines there was always a minimum and a maximum set by statute, and the guidelines, even when they were mandatory, did not preclude judges from sentencing outside the guidelines depending upon the presence of aggravating or mitigating factors that weren't taken into account. and as justice alito's opinion for the court in united states versus rodriguez recognized, even the top of a mandatory guidelines range was not truly mandatory. so even under the mandatory guidelines which for sixth amendment purposes were treated as if they established elements of the offense, for the purposes that we're looking at here, they are not mandatory in the same way. so booker brought about a procedural change. >> what is the substantive difference to pardon the use of the word between your formulation and petitioner's formulation that says this is substantive because it did away with mandatory life imprisonment? you're articul