It is confirmed sideways because at this late date we have yet to cross and hold the swing point high from the middle of July 2008. We have attacked it with volume, but it has yet to be captured.
Turning to the weekly chart, we can see the high volume high and high volume low that was left on the chart during the January gallop and February fall.
It's the daily chart that provides the parameters for this trade. The hammer reversal off the February lows left a long tail with volume on the weekly time frame.
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