minutes aside so i just need to know how much time for rebuttal the appellate would like to reserve and i will notify you when you're reaching that point of five minutes to judge all right expect the court to interrupt me as i speak because i know that you have thoroughly studied all of the briefs my as you know my client my appointed client pled guilty to meth distribution on a blind plea in the central judge concerning my client's two co defendants one of whom then later after i was appointed you know august received a substantial sentence reduction from the trial court but that was under this there are two things about this one the law draws a distinction between records relating to your client to which trial counsel would have had access to all counsel doesn't even have access to all of reason that at the the time you just parrot enters that order and when i was developing this appeal i did not feel it courteous to sign as a or what the th circuit done i felt  my responsibility was to determine whether aaron had been committed in the district court and i'm understanding the procedural issue that the government raised but i  felt that it was the district court's error if any that i was to address and not this court's error and i don't and i'm not claiming error by this court now granted the certain documents but denied me other documents i decided just to proceed to prosecute the appeal i hope that for sure the record you know we have publicly available internal operating procedures me sign certain motions to single judges certain motions to motions panels and then we had mary's panel such as today's merits panel and no one's feelings are going to be heard if you want to say you know  know the individual motions just through the motions panel didn't have the full picture please merits battle take another look at this issue it's an issue that arises in a district court no doubt  but you can go back i was now my st question which is why should you have rights to see these materials pertaining to co defendants when the government points out that you can make your disparity arguments you can make other arguments based on publicly available information such as transcripts and the like felt that just as in attempting at the trial level to ascertain procure all the discovery that one can procure opposing party and i don't mean to repeat myself i needed as appellate counsel to see all documents many of which were under seal in this conspiracy case wherein as i mentioned a moment ago court is aware a codefendant who was originally sentenced had his sentence reduced substantially but the reasons for that were denied to me so i wasn't able to fully analyzed in my opinion whether or not there had been disparity or excessiveness i'm just without precedent that i could cite and i was very clear i could  that even on an eis only basis i should be entitled to see all documents in the record and if i had been able to do so many of them may have  been little or no value but for as the court appreciates my argument whether it agrees with it or not if my job so to speak is to determine if the district court committed in the chief judge granting one downward departure but not a requested further downward departure which would open it and the government would disagree with this this rather and i don't mean to deprecate the seriousness of the crime but this rather petty conspiracy for which he was sentenced over two decades where he could have been sentenced to the requested fifteen and a half to nineteen and a half years we feel that the sentence was excessive thank you thank you mr simpson thank you your honor and good morning may please the court i'm scott simpson on behalf of the united states try to be brief for three dependent reasons the question of access to official court documents is not properly before this court all st of all  his notice of appeal before the district court denied his request for the guard commence so the notice of appeal does not cover the district court's denial that request sing it would have no effect in rd bonk waived his challenge to the district court's denial on appeal by failing to cite the existing authority regarding access to the documents that he sa assuming the court even reaches the question of access to official court documents the defense cannot show that the district court's denial was an abuse of discretion which is the standard that applies here bonk se access to documents that are always sealed and confidential and there are very good reasons for that confidentiality p s r is for example include things like information about a different judgement that might be done but i don't think i've seen it myself i suppose if the if the district court chose to attach the statement of reasons form to the judgment then it would be publicly available  as this court has said in an earlier case the statement of reasons for me is that the purpose of that form is simply for the administrative office of u s courts for recordkeeping purposes  and the other document that we that we're talking about here which i don't think we've heard too yet is the probation officer sentencing recommendation it's a chance for the probation officer to communicate directly and confidentially with the challenge but the standard certainly a usa does not have access to that either but that be correct correct your honor we don't act i just anecdotally i i don't mean to testify here but in a case that i legitimately before the court but it's without merit procedurally and substantively bank has actually weighed any procedural challenge by not by not raising it but in any event the record shows that the substantively conceded sentencing that the guidelines range was two hundred and ninety two to three hundred and sixty five months and that the court fully addressed his arguments and medication the course in its time then to two hundred and sixty two months that is thirty months below the bottom of his guidelines range actually also running concurrently to his sentences in four state cases that is on all of these issues thank you all right thank you mr jester you've got still four minutes so we'll turn it back to you i really don't like to repeat myself to the court has any questions of me of course i'm here to to address them but even though i may have three minutes left i have nothing more i can add at the moment i see no other questions we appreciate your service to the to your client and we certainly appreciate the efforts of the government as well so the court will take this case under advisement and with this we will be in recess from today's call thank you thank you very much