or informs the judge that he thinks that she can't afford a five years of supervised release that would be enough for departure she says well i'll make a finding then finding used clothes i think five years is more realistic for if it's a legal sentence and i think here we get to the heart of what the government's argument is as i understand it which is that it's not only got sentenced now my understanding of the restitution s that the government reverse jail i think the point in this case get is that the that's not what the judge did number one and number two she didn't have to issue a thirty six sixty three order course following booker we know that they're advisory only so i think we're left with a record in which the judge chose to impose restitution in one way could be viewed as limiting restitution to a period of supervised release if it's also clear on the face of the transcript of the sentencing that the restitution was supposed to start to me here with someone who committed a fraud that you know it took six million dollars or whatever from public people who paid premiums and if there's any chance that  a six million dollars fraud total with more than your client involved in terms of persons correct and then there was some evidence that even a thousand dollars or so had gone dollars a month he was paid less than three thousand dollars total in the twelve years he said restitution yes he has hired an attorney to get off a supervised release he's hired an attorney to challenge the leading and he's hired an attorney to get this case in front of this circu provide that to the court when we're getting back to the quest and then i ask what what i want to just make sure i understand as well as you can advise me is that in terms of restitution i'm going to quote from it it's almost laughable to think that these defendants are going to be able to pay six million dollars in restitution unless they have a lottery ticket it's not likely but i will require the restitution be included in the supervised release in the amount of six million dollars and you should pay whatever amount is required by the got probation department upon his release as well as if you gave upon his release as well as when he's incarcerated you are  and i do think that when you look at the entire record what you see is that the discussion on restitution being in the course focuses when the court has control over payment of restitution which is only would defend at this court at all levels and secondly with regard to mr gallup there always is the chance that something is going to come down the pike and clearly we have an ethical obligation with regard to the victims of this restitution and we're going to try to am not sure that i agree with that i think she was permitted by the large numbers of restitution so only as a condition of supervised release under that separate source of authority the thirty five eighty three thirty five sixty three source of authority and that she did not use taking advantage of thirty six sixty three there was nothing and telling her in a mandatory way to order restitution as a separate freestanding condition i believe that there is there and i believe that there has been since