has the place or process did open to the general public and second does the public access play a significant role in the functioning of that particular process the question is once those threshold questions  know all of the cases that discuss the openness of the public proceedings there is that threshold question of whether or not this particular doctor can proceed our process is traditionally open  this information it was a piece of information but yes you're absolutely correct that's what he wanted the judge to consider but it is i believe a measure judgment on this part rather than actually accurate in that the issue here is did the judge had abused his discretion in refusing to seal this document and did the finding that mr phillips made no compelling reason showing the documents should be sealed the problem with this case and the posture of a man is the fact that because our court and the three of you do not have this document you have no way of knowing what is in the document or whether it in fact contains embarrassing or scandalous material as alleged by the defense attorney since that is not part of the record makes it very difficult i think for you to make any kind of a finding that there an abuse of discretion here the court made a specific finding factually that this was not a treatment record that this was not protected under federal law as a treatment record and that there was no compelling reason shown phillips that that document should be sealed the presumption is of course that every document filed within the court system is open unless a sealing order is needed and the two types but a person can get a copy of a pre sentence report on if you make the proper showing to the district court and i think the point is well made that in this case numerous other options were available this report could have motion for portions of the record to be redacted or file on a document of this report with items redacted that they did not want to have considered there were other potential ways of handling rather than i'm on a and engaging with the district court if you do it my way or we're not going to do it at all and what the district court's finding here was that this was a document made specifically public court and he indicated that he felt that the public had the right to know upon what information he was relying in making that sentencing judgment the fact that no one intervened in this case and sought the document to be open or that no one objected to the stealing of the document is not the question this court is presented with this court is presented with the question of whether the district court judge abused its discretion in taking the position that clinton left in his sentence but we can't say that because we don't know what's contained within that report on for it for you to raise it to review putting forth this report and the recommendations contained in the report is the public's right to know this information on and that's what the district court found the burden is upon him to show the compelling reason district court clearly found that there was no compelling reason shown here and the district court made a suggestion for some potential compromises but the timing obviously we were at the sentencing proceeding and the defendant had already made specifically clear that he was not going to file this report at all for the court's consideration unless it was under seal so there really was no attempt at a compromise position that could have made some of that information available for the court to look up your honor i think that the the sentencing argument is set for s i don't have any other comments to m trial courts reasons for supporting closure or the end of the parties reasons supporting closure in this particular case there has been abuse of discretion because that particular process was not orgone and was not followed by the district court there being no objection from anyone to see if there was no reason