in regard to our presentation today concerns what do you do with a drug addict who attempts at rehabilitation but does exist does not succeed probably because he's a drug addict and i think that district court with all due respect to the district court miss analyzed these the level of addiction that this individual had to in failing to depart further in regard to the sentence because the defendant was given the opportunity to go into support court while he was in support court he's got a job and was working he completed an inpatient program he completed an outpatient program he was living in a sober a sober house he was also expressing a willingness to enter into a methadone maintenance test treatment program  not agree with your view and it was well within the district court's discretion to not give that the same way that you would have liked to have the district it failed to properly consider his efforts at rehabilitation and you say that here i'm reading from the sentencing transcript this is the court i've had numerous cases where an extraordinary effort at rehabilitation was present and my conclusion is that that this is simply not at all like those cases it is in my mind at least simply inconsistent with an extraordinary effort  rehabilitation to be engaging in for the criminal conduct i think your effort in support court was commendable i don't hold that against you i hold it as a positive factor for you but it simply does not rise to the level of extra and for those twenty years he's been abusing that that medication so it's not a it's not an overnight thing that we're trying to say all because of so you know it's a twenty year way of life that dependence is not a reason to depart but the or where in a so one circumstances and willingness to act to achieve rare rehabilitation thereby benefiting the individual and society itself is such a reason and i think when you look at someone who's had a twenty year problem they're going to fail at times run into a bumpy situation but that i think demonstrates the level of their addiction if if if a person goes into support court and does not waiver  i think any judge would say was he really an addict when he went in there because he did it's filled with the peaks and valleys and we submit that that was not problem problem properly taken into consideration in this case by the district court regardless of what he said what rule would you have a right so just words make this mistake again the district court should ensure that the efforts at rehabilitation are genuine and they are needed and that because someone fails once twice three times does not mean that they deserve ninety seven months in jail that the you should look at the individual themselves each individual person because it isn't a fair behavior and and i think part of what they presented at sentencing is conduct that i think even some of it even predated the federal limbo involvement in this case that you know there was no mirrors to see if that was determination that the court did regardless of what the court thank you thank you reserves too much for thank you morning my name is justin carney counts on as and i represent the united states on this appeal the defendant's ninety seven month sentence here which was almost forty months below the guidelines range calculated by the district court was neither procedur nor substantively and reasonable mr peach rendered sophisticated drug operation with multi defendants create fraudulent prescriptions and distributed a tremendous volume of oxy coat on after he was arrested although he made some positive steps he relapsed he failed to maintain steady employment after two years in the program you failed to graduate from support court and ultimately and probably most compellingly from judge thompson's perspective engaged in further crime months before sentencing in this matter while testing while he was sober according to the drug testing so just to briefly respond to the points raised by defense counsel to the extent defense counsel is still pursuing the idea that judge johnson did not understand the standard for extraordinary efforts at rehabilitation i think the record and i bryce and herman all make clear that there must be some sort of extraordinary effort it's not enough to simply enroll in a drug rehabilitation program there must be some sort of a typical effort or an effort that takes the defendant out of  the heartland of cases contemplated by the sentencing commission that's language from united states the middleton here judge thompson found that brian page's efforts were not a typical he made clear that he wasn't going to  punish the defendant but just that his efforts at rehabilitation did not rise to the standard laid out by these cases with regards to defense counsel's argument and i don't thomson did not properly consider or miss analyze brian page is the level of addiction the sentencing transcript reveals that he did properly consider that the level of brian page's addiction was briefed by the parties judge thompson  had a conference before sentencing in which brian page's effort to pretrial compliance with his pretrial supervised release conditions were discussed and ultimately again the judge found that brian page did not exhibit that extraordinary efforts at rehabilitation and indeed the fact that he had engaged in criminal conduct with his son shortly before sentencing was a reason to find that he did  and then with regards to enter incremental punishment we would rest on what we've submitted but again the record demonstrated to the district court judge to consider the theory of incremental punishment  defense counsel had raised the idea that brian page had only previously served four months in prison and so imposing a guideline sentence or anywhere near one hundred months would not be appropriate here because  factor is stated that the goals of just punishment they need to protect the public they need to specifically deter the defendant and the gravity of the fence conduct at issue here outweighed any the theory of incremental punishment presented by defense counsel so for those reasons again just referring the court back to the sentencing transcript judge thompson appropriately understood the both bases for departure that were raised by defense counsel the ninety seven months is more than a necessary appropriate relationship to have a proper deterrent effect and we submit that the court should also look at the