wonder you need not ask for leave to divide your time just manage it as you choose do as you choose once the light turns red and you still see numbers that doesn't mean you have that much time it means that's how much you're over the  thinking and when i think criminal defense we ordinarily would talking and we worked out a deal about how much time the defendant would do with there was likely to be time because that was so much more important than conditions of those days it was supervised release but any conditions of probation and i would think that would still ordinarily be so the prison time or the jail time be the critical item but that doesn't preclude counsel from negotiating about conditions they have a concern about it and then the thirty pictures of cases you always have conditions that are  go beyond the usual well you frequently do of course but but i have i'm not aware of any case charges this case specifically encompass an agreement as to the defendant's waiver of his right to appeal section thirty seven forty two to appeal any aspect of the sentence imposed in this case isn't that an all inclusive waiver that essentially says i will not be bringing a thirty seven forty two challenge to m reviewed a lot of plea agreements i've drafted them both as a prosecutor and as a defense lawyer i've never seen one this specific on this type of an issue i don't know what more a party could say if the it was to prevent the defendant from invoking section thirty seven forty two to challenge any aspect of this and i challenge you to come up with language that is more specific than that well i think as i said not  for these reasons judge called which is first of all our language should not have no access to any computer capable of accessing the internet get a reasonably accurate that can't mean any computer that public libraries problem it's the problem of anyone and does and that whether it's at home or at work who has a computer on their desk whether or not that can be designated especially if he's going to get out  i'm sorry i don't understand that well this condition strikes me as more carefully tailored than most of the ones that we read in these cases well it it actually could be read as i mean it is by saying no assets that could that's number four where's ford it is if his work involves the use of a computer then the employer would be notified of his conviction and there would be consultation between the probation officer and the employer and then the probation officer alternately might authorize use the problem here is once again we have an over breast problem with the language because not all computers utilized in the workplace are connected to the internet or utilize that second of all i see employer notification involvement the decision making as to whether or not the defendant should have access now the kinds of date dave daily workplace concerns we have now would have inventorying been done over the internet employers corresponding with i guess would be a privacy interest in not wanting to tell the world that he has this conviction against me in four years right to know that he's giving access to an internet capable computer somebody who has previously misused it well i think it's this has a you know or in the real world here we know it we know what the notification of the employer with respect to this information is going to be i understand i think but i think that is your always always certainly three or four days this privacy rights come in to not have his boss told about the conviction it's a matter of public record his conviction well i don't know what the privacy really is the right is the right identification of this interest in passing himself off as one who has not been convicted of visitation of child pornography he doesn't in terms of one that information is pertinent for example when he's asked on a job application but there certainly is now regular standard s going to address that the practical problem is if we are required to put into a plea agreement every condition of supervised release or what the fine was going to be at the court imposes a fine of say ten thousand dollars and says i want two thousand dollars and the parties have no agreement about the amount of fine and that imad that is incorporated in the waiver and i think them from our perspective the government's forced to make a laundry list in a plea agreement that's forty five pages long as opposed to twenty five pages long construction worker there isn't any evidence that he used a computer at work tracks a chopper an odyssey government's concern was to give us his argument as i understand it is a crime let's be realistic about this you know this this is two thousand and everybody uses computers his employer orders parts over the internet and it's going to be reasonable even if you work in construction they think that at some point he's going to need access and he can do that and once once he crosses that room  threshold with his employer the judgment allows him to ask the probation officer to notify the employer that this man has a conviction for possessing child pornography through the units of the next employer and now he's going to lose his job according as get us back on his current employer that he's a convicted felon that's a concern and that's probably an insurmountable of if you play or might not you're on i mean there are there are cases where people do work and are employed and the people do know and it's a matter of public record should be interpreted as saying you cannot have possession or access to a computer that can access the internet does that mean you don't know it does not we're on record saying it does not it was never our intention of limiting his access to any place public it was a point of it is so fundamentally dangerous to allow an individual possesses child pornography by the computer to have access to the internet again if you think about it every time he's online and then it went up and applied that to at the sentence of that time to serve as i recall and then analyzed the appellate point about the supervised release condition and it didn't even talk about the waiver there's no discussion about whether that's waived too they're just another subdivision of the opinion and it talks about the supervised release condition and says that's fine t other question for you is the roommate issue and i don't know if this fellow has roommates or if there's anything in the record about it it might be in the pre sentence report which i haven't read but i was thinking let's see is trailer there was a mother with him child there he rented a room in the street there by his self it was not a lot of you know change or play between him and the other residents so he went through a room in a trailer he doesn't have a roommate that they would have list again in the laundry list room of what everything is prohibited him from doing would be virtually impossible to do that because you could always find things in different grades if there was an issue about a roommate or nearly he would call a commissioned officer and not and i take it that maybe this is no different than the question earlier but i think that if there is an alleged violation of this condition and the probation officer has to make a determination as to whether he's going to bring that violation to the attention of the court and then be there's going to be a revocation hearing at which the court can decide whether or not this is sufficiently serious enough certainly violation for violating the terms of the supervised re there are ways and reasonable ways that you can impose restrictions on internet access on the surface on a computer for example but that is also has a downfall because it makes the probation officer sites live in other