please the court counsel my name's daniel helis i'm with the federal public defender's office i represent cordell collins he raises two supervised release condition challenges on the appeal challenges aren't waived i think i need to begin liberally construed under served in it is not being construed in that way was defended asked if he had any objections to the recommended terms yes and what did he say no objection has not been determinative based on a no response in previous cases and if it were then we wouldn't have all the case law that we did from guy mckissic through capice and thompson so those cases would seem evidently wrong if your hon or that you misunderstood what your rights were and you simply overlook them but stakes as them from weyburn we err we engage in waver analysis based on what people do and say yes rather than the theories of sigmund freud we must consider whether it was intentional and knowing you're honoring it somebody wasn't aware of the de fact of course why would we ever agree to it you have made that argument before yes or and it has been rejected before you have the quality of a flat earth are right no matter how many times the argument is made and rejected i'm going to make it again and insist that it hasn't been rejected your argument doesn't stand your clients in good standing i'll point then your honor to burrell where they  resolved in the circuit you are from a move though to the aspect of what the condition entailed and that was there was no correct recitation in the judgment about what the oral pronouncement so the oral pronouncement the judge said something that was not then contained in the written judgment that takes this out of all that waiver case law that your honour's referring to it takes into the al gore and johnson line of cases that simply say the or pronouncement controls over the written judgment and so the oral pronouncement said what is the objection to the written judgment as you say yes the oral pronouncement controls right the judge to find with some care what is the jurisdiction that the defendant cannot leave yes the judgment doesn't define it so neat leave something to be desired but the oral pronouncement does so what's the problem needs to be correct because the oral pronouncement isn't what is in the written judgment the judgment is what follows my client through the rest of the supervision which is years in the future i doubt that they're going to talk to the district judge to make that correction your honor i'm a fourteen days under the rules i doubt anybody caught that your honor and i'm the appellate counsel so this is the avenue on the appeal which is under the case law allowable so i have no ability to seek any modification notice but i'm not asking about you person this is being about the defendant and the defendant's that no i just don't see any contradiction between the written world ready judgments the written use less complete than the oral the oral says what i mean by jurisdiction the written just uses the word jurisdiction that elaboration it's helpful to have the definition but i don't see any contradiction whether it seemed to be a hope you see my problem i do and i'm going to try to resolve it so there seems to be a central difference with leaving the jurisdiction with that he will simply point to what the judge said there's no problem this isn't something a prison ministers this is something the judge ministers and the judges on paper recall from years ago what the judge said order transcripts to satirize judgments are supposed to reflect what the world pronouncement is very basic and with that unless the court has any additional questions i'll reserve the balance my time thank you inconsistent with the oral announcement so let's focus on that what do you think should be done well your honor i do believe he did away that condition because no you cannot waive something that happens after the date of your waiver right if you say i have no objection to the conditions that means you have no objection to the conditions it doesn't mean you have no objection to whatever nonsense happens to be written down days later in a judgment i think dr and if the court  that motion then i would i would really appreciate if you just accept my view that nothing's been waived about that and address my question what should be done the court should issue either a limited free man to the district court asking the district court to conform that britain judgment to the oral pronouncement or as the court has held could also do it itself but in recent case law the court has issued a limited remans and that's what i would propose here as well is the district court continuing to address it why didn't the government ask for a correction within fourteen days i am not sure i was not just your court counsel it's not a sufficient excuse to say we've got a new lawyer on appeal we're i'm asking about the behavior of litigants about the behavior of mr collins through counsel about the behavior of the united states your office to pay no attention to what's in the judgement that appears to be what happened and it's the judgement is what it is lawyers should look through it catch problems and fix them we don't need th i think your honor i'll make sure the office is well aware of your position just to briefly go through the rest of the conditions i know you want to focus on the jurisdiction one if the court as you're mentioning finds that there was a waiver then the issue can easily be resolved with a limited remained as to the other two conditions of the condition or allowing probation to visit mr  place of employment at any reasonable time there if the court finds that this condition was not waived there was no plane air because the court has held that additional identical language and college as was appropriate in other cases as to the rd condition at issue the one regarding community service again if the court finds that mr collins and not waive must challenge then the government agrees that a limited remain and to allow the district court to explain its repay me behind the number of community service hours imposed is indeed an appropriate