as usually i begin a oral argument by trying to identify the issues presented for the court but it seems that the landscape of this case has changed radically since the government followed its twenty a j on friday so i don't really know where you would like me to begin except that you know when you look at the summary of the sentencing monitoring good time data that had his summary right this is this is been since the government filed its answer to the petition this summary was in the record right back and when when when i looked at it looked like they were only crediting him or they were only applying the fifty this allowing fifty four days per year right and that seems to be what the government confirms in its twenty eight a letter that we received on friday right it seems that we receive something from the government to that effect on friday and i guess just to explain how we got to this point when i was contacted by the court about representing mr sanchez on the on appeal the question specifically posed in the  was is the b o p disallowing more than fifty four days of good conduct credit per year and other words in carrying you know days in excess of fifty four forward so and frankly i had no idea this isn't really what i'd typically the area that i practice and so i contacted government counsel we talked about it i was under the impression that yet the answer that question was yes i reviewed what had been filed in district court and there was a  there was at the government summarize a declaration from someone at the department of the bureau of prisons saying that according to petitioner sentence monitoring good time data the maximum that could be disallowed was fifty four days the actual amount disallowed was one hundred sixty two that implied to me that they were disallowed fifty four days per year but then carr forward carrying forward excess excess in the future years so you know his well we don't know what they're going to do at the end of his anticipated term which doesn't  which is not until seven thirteen nineteen right right so i mean just to make a long story short i discussed it with government counsel i thought we were both on the same page that they were carrying deductions forward into future years that's how i answer the question in the opening brief the government didn't dispute that in the answer in brief that i you know followed reply brief with that understanding and then on friday apparently that the government is change its position so that's that's what they're doing even have a dispy i really don't know i mean i received this twenty j letter friday i would like the opportunity to you know look into a little bit more and perhaps follow twenty j of my own  though it says that one hundred sixty two days were disallowed the first year and eighty one the third year so i think it's kind of ambiguous and we haven't got to the point well we also know that his good time days don't vest until he finishes his term or right according to the statute in that would be i think there's a separate argument as to whether the b o p can go back and deduc say someone gets fifty four days of credit in a given year and then in a subsequent year misbehaves and loses more than fifty four days can they go back and take away credits from a previous year my position is no they well i don't know that i would go so far as to say i'm in agreement i just you know i was caught a little off guard by the twentieth jay on friday and i you know i don't i don't have any way of disputing what's in the letter i'm just telling your honour's how we ended up you know how so i could nail down the difference between disallow good conduct time and forfeiture of non vested good conduct time in case it came up during the argument and in the process of that discussion realized that the premise that  counts and i were operating under was actually incorrect the bureau of prisons does not disallow prospective good conduct time you are reading the the summary sheet exactly correctly that the  earned any good conduct time but he had available the twelve prorated days from the last year and fifty four days for each of the five years that he had not served at that time that comes out to two hundred eighty two subtract two hundred eighty two days from july twelfth of two thousand and twenty you were see you get to a projected satisfaction date of october fourth two thousand one thousand which is what the form shows and the  projected satisfaction method is good conduct time release so you know you are actually reading the form correctly we were reading the form incorrectly and i apologize for that for the confusion that that caused but it's clear to me that the bureau of prisons is actually operating correctly under the statute he has the opportunity to earn fifty four days good conduct time each year and despite the fact that he was disallowed good conduct time in excess of fifty four days in his first year and to third year the bureau of prisons did not deduct from his actual release date any days in excess of the fifty four days and you know as to the vesting issue you're correct again we're not there at the time that he filed the petition he had not earned in the conduct on he did not have any good conduct time that was available to be forfeited and so nice under the impression that that the girl of prisons was disallowing the entire hundred sixty two days for the first year eighty one days for the third year when he only had  fifty when they could only disallow fifty four days he had previously been sentenced under or he had prevailed flee been in prison under the prior statutes which did actually vest and so i think he was under the impression that his he didn't have any good conduct that invested so we were disallowing best a good conduct time that he didn't have which must mean the future good conduct time so i think there's been confusion all the way through but what is apparent at this point is that the bureau of prisons has actually complied with the statute they did this that year  t the final computation is done in the last six weeks because because it doesn't just until he is actually released from prison the final calculation isn't done until he's released he could actually as the supreme court recognized in thomas he could lose all of the good conduct time that he had earned on the last day and then he would not get the benefit of that time he would stay in prison actually what i'm saying is the bureau of prisons had already provided the relief that that he was asking for he wanted them to be limited to the fifty four days they are self limiting to the fifty four days