who suffered a lifetime of the pressure and that was manifested by alcohol abuse drug abuse and suicidal attempts and suicidal was sentenced to two years in prison for violating supervised release when the guideline called for sentence of four to ten months he was also sentenced to a lifetime of reimposition a supervisor at least for a lifetime to the well being of mr new needs judge sullivan seem to be very concerned and understandably to a degree that he wanted to protect the public from the conduct of but getting behind the wheel car drunk may be a violation of supervised release but it's not a federal offense so there was another alternative to judge sullivan protecting the public and that was leaving law enforcement and leaving its of leaving its supervision of mr newman yes to the proper authorities which was city or state authorities and more basically if you have a man who suffered from depression his whole life who's tried to kill himself on one or more occasions who has drug dependency alcohol dependency what good is sending a depressive for forty years to prison how is prison going to deal with a depression which is the root cause which everybody agreed well i think we should try to separate out the question of the length of the prison sentence which was more than the guidelines but not very far and which could be based on an abuse of trust because your client received relatively early easy quitman on the part of this judge who thought he was a decent man and tried once and tried twice and such cases and in a couple of violent drug cases but we have not seen anything other than this case so i i think there's a difference between between the sentence  f two years and the supervised release and whether it was explained unjustified well it was also the standards set by the judge that during the lifetime of supervised release medical professionals and probation would have to come back to convince him essentially a layman that supervised release was no longer necessary based on  medical and psychological condition of this appellant there was a further problem here and that is that originally when the judge imposed supervised release with the condition that the pilot was to receive medical conditions medical treatment i think he did that improperly and it was truly counterproductive what happened is that he saw the judge said well you need medical treatment and i'm going to tell your treating person doctor therapist to report back the details to probation so the judge order essential way that doctor client privilege should apply other cases it isn't or what but it is because it is because the defendant got up at sentencing your honor and said you know what i was receiving therapy and it didn't work because my therapist was reporting my statements to probation and i lost confidence in my ability to confide in my therapist because i knew everything i would say in a medical setting was going to be reported or us is there was of elation of supervised release there's no question that there was and whether the sentence for that is appropriate whether the original supervise release was desirable or whatever reason before us trotted concentrate on the case well i am trying to concentrate on the cases best i can but i would agree with your honor i have not seen a case where lifetime supervised release is imposed because a person gets struck and gets behind the wheel of a car but it's not that it happened once it happens repeatedly they were violations of supervised release and counsel even said that the condition was if you want to protect if your goal is to protect the public which was the point of sending is a sick man to jail for twenty four months when he gets out of jail he's not going to be better well there are there are are different goals well there are different goals jail it's been sending out rather desperate things to people into his lawyers but there was one lawyer and then another one and these letters reached you i do receive links messages from explanation if i did all i know is i received different desperate messages from mr new yes but as the other desperate messages i don't know i wish i had an explanation i just don't know i just know what i've received from him most a supervisor released he breaks that track by getting a record there is no doubt that he broke the trust and there's no doubt also that he was no indication that he went back and violated with the original crime was because of which the drug thing is all to do with this traffic and very serious ones though the last one was not anywhere near  has been imposed in cases of people who have been violated i five times over cases like this simply been no examination of why this case is different from the other it is not sufficient if this guy violates supervised release during those five times then he will be hit again if he doesn't and somehow in the next five years  defense counsel now recognize the defendant's problems are near the problem is an on going to lifetime ongoing continuing struggle with mental health with substance abuse and the result of those issues ongoing issues is that he can consistently get behind a car and drunk and drive and drink and drive and endangers others and and lifetime supervise released sounds long however unlike a term of incarceration life the length of supervised release as well as the conditions of supervised release is subject to to be to opportunity to revisit your reconsideration both upon the defendant's motion perhaps for example fact is the fact that the defendant has been on a going through a very long continuing struggle with both mental health and substance abuse issues and in recognition of that ongoing lifetime struggle that is managed as some point and things change then it then the defendant can and should at that point bring a motion for early termination of supervise release but let's assume that this descended continues to be a very troubled person but that over the next five years this person doesn't touch a there and he's still a troubled person he's under supervised release even the reason he violated supervised release was this particular car type obsession but again i'm just asking what the starting point is is a starting point if he manages for five years to stay away from cars in the things that have caused the trouble should he be subject or is it something where seen is that during the underlying sentencing the judge solve and sentence the defendant to three year supervised release hoping that in those three years he will have received enough resources he'll be able to manage whatever  trouble to him and to be able to manage that and to control that but what happened in those three years is evident in not even the forty three years a defendant repeatedly got himself in trouble over and over again getting arrested drinking and driving hitting multiple cars and and that's what i demonstrate was that the defendant indeed was at that point incapable that just having that he was incapable of controlling who are incapable of controlling himself and when i see a five person person getting supervised release for a certain number of years i want to know what with the difference between this as in the future nobody could say he waived the argument but he would agree that the record is not fully developed here it was a conference with his attorney and judge sullivan that he wasn't privy to prior to sentencing  was also a sealed government letter which the government file which was given to counsel but he didn't receive it so he would just like to reserve that issue of ineffective assistance to bring it by way of a vs or twenty any standard here he was given supervised release for life and he's going and frankly i think he'll probably be trouble for the rest of his life and need counseling for the rest of his life and need treatment for the rest of his life but at some point if the criminal activity in conjunction with the depression and the mental issues stops it seems to me that supervised release for life is really no longer necessary i mean he's not i mean this is a supervised release shouldn't be a government program to take care of people there are cases where many cases where the government and the defendant agree that for the supervise release with money and then it can be terminated i  mean it that i did one the other day and we terminated service supervised release early because it was clear that there was no further point to it so that i mean that can happen it can happen but i don't think it necessarily justifies unreasonable way sentencing somebody a supervisor leave relief in the st sentence so that there is no point in the actual sentence although it can be modified in the future doesn't justify the like up front thank you