computer and internet monitoring program the nd book is on the standard notification of risk condition my attention this morning is to focus on the requirement that he pay the cost of computer monitor and at all or start a dollar a day yes your honor is a dollar a day and while the district court found that believe that it was not onerous for an indian defendant who is unemployed who relies on who receives one hundred and ninety two dollars a month on food stamps it was nothing was no discussion many details of his indigency correct but as as the trial attorney noted at the time that this was part of the problem why he was violating and raise a question as to why this is problematic for our client and trying to get the court to look at how this condition in pitt can impinge his st amendment rights he's been released right here on c yes he is on supervised release we know it's not in the record of course but during the whole whether he's what's been happening with the monitoring of the song i do know that he is unable to pay a dollar a day i do not know what is happening with the phone i tried to and as we said in our paper several cases pointing out where courts have recognized that may can actually mean shall in the context and as i was preparing for this morning's argument yesterday before i reached  is that is that fair are if if that if your honor believe that it is an eye when we think that it you should send it back so that this can be further examined and we can build the record on it and that's necessary though you can make a model you can make a request for shanab his finances right is there any reason you can't seek a modification down on that could be possible your honor but we think that this applies not not just to this particular client but this is actually something applies to all indigent defendants that the record at the probation officer did not mention there are additional costs associated with any device that my client may wish to use whether be a cell phone with a b computer or whether be a tablet that would also have to have the software install and i've seen prices ranging from thirty dollars to fifty dollars for an installation fee for those devices so there becomes additional costs as well your honor was always of the district court either the word unstable your honor probation office in a dollar a day but there's other costs that's not that's not part of the record and which is why your honor i believe that we should send this back and to supplement the record if the other issue there come on in your honors may please the court my name is tiffany lee and i represent the united states your honor this is not the st case again where we are addressing the challenge to the condition of supervised release requiring payment and that respect this case is no different than the case i was decided earlier later last year united states versus verdict against the defendant there challenged the computer monitoring condition of supervised release and this court indicated that to the extent that there was any concern about vagueness or any issues that could be addressed with respect to a modification by the court here this condition is well within the wide latitude that this court has release we don't know if he is being required to pay because the fact is the supervised release condition states that the court was a defendant may be required to pay the government which is in fact the demonstrating you could not some tension but i that is not this case so i can't say that a blanket like the questions being asked where a defendant cannot pay a dollar a day whether or not that would ren something that should this court right on this issue indicate perhaps some guidance in terms of appropriate language that said i have seen the condition because it's being challenge at sentencing now more frequently below where the district court has amended it subject to approval by the court or has given more discretion to kind of oversee what the situation is in terms of the defendant's a sentence was being imposed again we weren't there was no information that ok probation is putting you on this monitoring software you have x number of devices this is what it's going to cost so there is no information w with certain other conditions of supervised release where the condition is read the defendant may be required to pay or contribute to the cost of treatment so there is no cool variety of aspects that could come into play with respect to mr the cap was supervision which would affect his financial and with us not knowing because of financial scut conceivably change as well from the dat once he starts supervised let's say he's required to be employed he gets employment all these things are kind of there so much so many variables that this court just doesn't have that information to be able zero is an error to do so without making inquiry as to what somebody can pay no i don't think it was error for the just record to comment just on the general idea of the costs of payment of one dollar a day not person that is a sad is a salient point and i think you know it goes back to the district court's discretion as it's imposing the condition of supervised release you know what it's requiring and i don't think the requirement is doing because because what i guess the question becomes what is the standard of onerous as opposed to do you know when you day for this particular defendant we don't know any of the information specifically with respect to what we don't know why don't we find out because of the fact that every particular defendant may be facing different costs based on in response one of the questions that came up during my main argument regarding what was proper for the court trial counsel did point out that this is on page thirty six of the appendix in asking the was raised and that's the opinion of the lawyer all the way to deal with said they're here at my reasons why he can't afford a dollar a day he doesn't have a job he's behind on his rent and when you have a mechanism for going to the  said to be here you could have a month ago come back to the district court with the additional information at that point we had this appeal in process or understand that but i don't think it's the best mechanism when there are additional details that were not on the record well in that case your honor i do believe that you should send this back for additional backbiting and consideration of this type of condition a particularly when you look at the other conditions where a defendant may have to contribute cost to look at how those costs get contributed for treatment services the defendant's contributions usually come in the form of some kind of insurance medic medicare comes in other insurance plans come in in those or what helps to contribute this costs those not necessarily out of pocket cost on the defendant thank you your honor thank