freed from the metropolitan correction center which has been in lockdown depriving counsel of the right to see their clients it's understaffed it's been the subject of an inspector general's scathing inspector general report report and that right it is that is that you are now i read in media accounts that the gun was found along with a lot of contraband yes judge thank you but it has been i believe continued now because of the virus but your honor is correct what i'm asking for is bail pending appeal to the extent of home confinement i'm not asking for my client to be allowed out other than the troika of reasons that clients are allowed out on the home confinement one to go to medical appointments two for religious purposes and three to meet with their warriors in this case me the randall i have to demonstrate that there are arguable points on appeal i believe that there were three i've advanced them and they consist of the following one the judge cybill imposed a sentence both contrary to the his medical care she acknowledged explicit explicitly in her sentencing remarks that she knew that he could not receive the same medical treatment in the m c c under the bureau of prisons and he could on the outside i say that is prime an exhibit a of a cruel sentence sentencing somebody to a situation where they're going to well it's not so much the duration it's that it's the venue there's nothing inconsistent with saying thirty seven months is appropriate now the question is where does it get served this gets served in the bureau of prisons does get served in a home confinement but i also call the court's attention most respect or use casting that your argument is that what ever sentence he receives it could only constitutionally be applied to home confinement i'm saying that the sentence of a geriatric defendant with these chronic health conditions to be served other than at home confinement is a violation of the th amendment it is cruel it is unusual and it violates th well i wanted to add right and and the other thing i wanted to just point out simply to point that a decision subsequent to my filing my reply submission is that on february th the united states supreme court decided ho could find and because it's the united states supreme court i just wanted to share that information i simply asked quote to impose a to grant this limited application for geriatric relief mindful that we're in a in a health emergency your honour's and the please the court my name is hagen scott and an assistant united states attorney in the southern district of new york to represent the government here and i represent the government in the district court because mr napoli has not identified any arguments that result in a sentence either do firearm it doesn't apply specifically to this now lockdown any my understanding of the obvious i don't i don't speak for the bureau of prisons but they try to keep us up to date my understanding is as of tomorrow they'll be back to full visiting hours there's no lockdown now there for getting back on understanding with respect to health i don't think the corona virus outbreak really change anything that would sort of prove too much we can't stop having incarceration in this country because there's been an out of prisons medical facility the bureau of prisons agreed with that in his designated to go to butner which is one of those after reps and so he asked for direct surrender and was granted direct surrender when he was asked for direct surrender judge cybill told him very clearly if you do not get a designation by february th please contact me and contact the government so we can look into that apparently he did not get that designation in time but he did not choose  contact either the district court or the government instead trying to stay out of prison or yelling but we are now at march can i say he has been designated for he has been designated i spoke with the marshals yesterday my understanding is the soonest it may happen is next week or next week and should also note that at his sentencing mr de napoli argued all these health conditions he did not point to any specific condition that could not be treated in the prison nor has he now after these arguments did not get him the sense he wanted and he did receive however the designation or at least a recommendation from the district court under some or rd he filed a letter in the district court saying in essence i actually don't need to go to medical facility i will be fine so long as i have my medications i would rather be designated to a facility in the tri state area so that my family can visit me and i think judge sidel very recently said this as she put it ill behooves the defendant who tried to rely on his health to get a lower sentence and having not succeeded in that now just wants to be near home says family perfectly reasonable to want to be in your home and see your family but i think all of these things tend to call into question the gravity of mr napoli's health ailments and a necessity to do something extraordinary to benefit