order was unopposed by private counsel i don't believe there was any application performed by conducted by the private counsel in this particular case the government has to prove  proposed those warrants we've indicated that leaves at least seven of them were issued while he was in court i was in jail he trained and one of my think was a pre arrangement morant  two states claim of smuggling contraband into the jail that is just not true he did not say he did not do that he was never charged for that he was never disciplined for that there's no record c on combine meant supervised by the child services curfew and in a monitoring system would meet all the requirements to allow  the tension which both parties agree here it's undisputed that the defendant is charged with three separate beings shooting as a think that's been seen criminal conviction was arrested while on conditional release has failed to appear in court on multiple occasions and now faces a substantial mandatory sentence on a case where occasions where you including some where he was in custody there at least three occasions your honor where he was not in custody when a bench warrant issued even by defend your paper or did your papers make that clear that you're only talking about the three were he was in custody the papers before the court from the government did not specify those points on the original motion but dependent on the letter which was before the district court clearly establishes the point as he outlined the is this is judge lynch is are you relying here in this court a danger to the community or only on flight risk your honor i would argue that the government has a stablished burden there would be a limitation for what the conditions would be  you're disputing the government and that he wants to be in general population that is correct and well let's let's try to be a little clearer mr kasar did did i took the government to be saying that he opposed a transfer to the issue which is under ordinary circumstances something you'd expect a and inmate to do and i didn't take them to be saying that he desires as his st choice to be in the jail in general population but did you have any understanding as to what his position was with respect to being placed in the segregated housing separate actions in the bail application obviously is not asking for him to be as a condition of his confinement kept in general population the bail application is asking that he be released into the community on conditions  presumably there are separate issues within the institution as to where he is to be housed and cell at the moment but not under the restrictions of segregated if if we were to make as part of our ruling a condition that affected the s subject to the conditions of segregated housing or remaining in a good double bunk where he is now what would be his preference if you know i do not know so the government obviously believes and according to ms castro has evidence that there was an effort whether or not that his request to smuggle drugs to him in the institution and the drugs were seized  that's the state of play whether or not there is some due process violation of how he's being housed in the jail or whether he's entitled to some hearing on that before being placed in the  separate questions what we're concerned with here is a bail application which is about whether it is the government has established that there are no conditions that would guarantee his appearance in court and his safety to the community crosscut with the special conditions that he knew of lee is at serious risk of illness while he is in the jail that's what we're talking about it seems to me you're not whether he has been appropriately disciplined by the authorities by being placed in the shoe am i wrong about one thank you and you could have meant to us tomorrow say it is not work for you so long as you can get the answers from the m c c that would be great and mr tests are if you want to respond or i had used the word but not to give a counter counterfactual to any of that it would be helpful to get that within a day of receiving the government's letter thank you thank you very much i'll do it like anything else my colleagues not for me now ok so we'll we'll have letters from the two of you no later than what's today tuesday no later than thursday and we'll reserve decision until that point and then get back to you shortly thereafter thank you