nevertheless he is an individual who has been through the system convicted of an underlying crime sentenced to that crime and then reginald davis well he pled the violation of supervised release and admitting that his name was not reginald davis that he was misusing reginald davis you know his identity is he's not reginald davis that's exactly right of the seven billion people on considerations and concerns that it expressed and to impose the lifetime of supervised release and the maximum that was available for the u s s r with these concerns in mind for years now i sat on the st appeal that your client brought in two thousand and twelve and he's refused to identify himself so the court cannot properly assess his criminal history that he's misled the court on numerous occasions why is that not a valid concern  dispute the fact that that this is a cause for concern and certainly judge sullivan spoke about his displeasure similar to your honor's comments nevertheless there are still legal boundaries with respect to mean the standard here for as your honour's know for substantive and reasonable miss is is shocking the conscious or manifestly unjust and i think any time a sentencing judge imposes a lifetime of supervised rel  why isn't it appropriate for the judge to take every precaution every possible precaution to protect society that's reasonable that's within the boundaries of the statute until we find out who he is you know we don't know what his immigration status might be we don't know about past criminal history which could be the worst possible ever and there's no way to verify what this is exposed and this is the st case a bit out of court a long time and then a prior would consider an unsustainable situation and that is that and that is that as long as this individual does not reveal his real identity or to reveal it who maximum sentence is imposed upon in this case being that's not a never ending cycle everybody i ever met in my life if i asked them told me what their name was well as you know with all due respect as far as run knows but yes i understand the point i understand the point and look i mean back to your judge walker's question you know he never the less he he was tried by by our system and was sentenced essentially in the normal of fashion i understand the irregularity of the case and the uniqueness of this case but he was he was he was treated essentially normal in terms of his sentence and in terms of a jail sentence and in terms of his supervised release so all of a sudden this is a lot of crimes and they haven't gotten around to federalizing the lack of identity as a crime yet but it's because he won't assist us in that regard so we know something about him your honor and i get i am not making light of what the concern is of discordant and the sentencing court but we do know what he was doing and his nationality he told  came back right and made representations that yes you know i'm from the caribbean i think was to make a maybe and and then it took the resources of the court again to go out and determine that in fact that wasn't really true once again not only was he not reginald davis he wasn't even from where he said he was from he's been overheard speaking a nigerian dialect why should the court system bear the costs and the concern that arise from that kind of behavior  judge walker says he could have a violent history that would warrant locking him up for the rest of his life never mind putting him on supervised release for the rest of his life what was that a problem that the court system should absorb the costs for as opposed to your client the court system should definitely deal with the appellant in appropriate and legal fashion i'm not i'm not asking that the court ignores the problem that your honor sees but i believe that in terms of but in terms of what is a valid and legal sentence under the law and that it's reasonable that there still needs to be some level of scrutiny applied to to the sentence despite what your honor is idea that when he was released he continued to use that name so i'm not mindful but he did the right thing at that point he got he went to school full time he worked any time he wasn't in school he did not violate any well he did not viol vaughn's him with respect to the immigration consequences of any plea so how can you do that puts you in a bone it's not only just the court and the public but how do you how can you do that if you don't know where he's it please the court celia vogel for the government i represent the government on appeal and represented the government in the violation supervised release proceedings in front of judge sullivan lifetime supervised release and three years imprisonment is a procedure and substantively reasonable sentence for the defendant to solve and not abused his discretion in imposing the sentence the defendant was convicted by a jury of a narcotic for conspiracy aggravated identity theft starting there because that's when he was st convicted of using the reginald davis identity for almost over a decade after that point despite his conviction at trial despite getting one hundred and twenty member me one hundred and ten month sentence and for your supervisor's lease and receiving numerous warnings from judge solvent specifically that he should not continue to use reginald davis identity over all that time the defendant continued to use the original davis i don't see you can fall for such a long time can you tell me does the record contain never any reflexion of a mental disease or illness of any kind that would require attention your i don't believe there's nothing in the record to show that the defendant was ever that came up as an issue ever in the proceedings that he was the defense never never raised that as an issue certainly mental health treatment and cognitive behavioral therapy were previously imposed as part of the terms of supervised release and we may have a done a fight a relative the most current status is that i have been in touch with the department of homeland security at tash a covering nigeria to see if we can get nigerian authorities to help us identify who he is because at this point we seem to have exhausted all possible leads here in united states centrally if he's never previously come in contact with law enforcement or any  correct his his fingerprint only comes back to the original davis identity in connection with this case so if he did enter the country as an immigrant legally did not come through an official port of entry there would have been no fingerprints centrally his his fingerprint never matched two to any other identity and we do know that he's used other identities this has come up is in the pre sentence report for the original  sentencing at the time of his arrest he was found to have also used the name tony mckinnon i don't know based on the record if that is a real identity that is in the record he also used another identity as reflected in his criminal history this is also a pre sentence report he applied for a license to become security guard using that identity which was a real identity and then of course now after he did admit that he was not reginald davis during the course of these violation proceedings judge solv adjournment violation sentencing specifically to give the defendant an opportunity to identify himself if he chose to do so in an effort to show that he's rehabilitated himself and given that opportunity the defendant provided but the government has determined is another false name and we explained to judge sullivan in a letter why we believe it's a false name and add his sentencing the defendant continued to insist that that is his real identity and this is one other than right wrecked and we don't believe that this identity that he provided us recently is a real identity in other words it's not a stolen identity seems to cobble together personal and benefiting information from various sources  there is there any reason to believe from the fingerprint study that you all have done or any other inquiry that he has been convicted of or charged with a violent crime in the past decade not here in the recognizing that he ha spent the past decade in jail but perceiving that as i said his fingerprints don't come back to anyone other than reginald davis and we don't know when he entered the country we don't he has provided various statements to law enforcement about his background which are also his group yes and they're not always consistent as well so we don't know when he entered the united states so we really don't know anything about his fact past before he came into contact with law enforcement for this particular case so this defendant has really shown on incredible persistence and his criminal conduct and in refusing to identify himself and for this reason is the refusal of through he was released specifications which was an amendment to the violation report which was the use of the continued use of the stolen reginald davis identity as well as leaving the district without authorization from probation because he was arrested in new jersey i connection with the narcotics and such that's when this originally all came to light so we chose to pursue ultimately pursue those specifications and they do merit the sentence that serious offense on my right and understanding that the actual reginald davis appeared at his trial or in some proceeding that's correct at the trial are the real mr reginald davis flew up from texas and testified at the have there was no criminal activity that was proven with respect to the violation of supervised release it's an issue that wasn't well she she said i mean and again just to be clear it's not that the government didn't pursue it it's that new jersey didn't have any evidence to accuse him so there was no accusation of any crime and that was ultimately dismissed so i don't want this he arrested it was he rested they were in a house in new jersey where there was drug dealing going you know well he was represent him in the new jersey jersey matter but i did have contact with the new jersey lawyer and all i can tell the court is that nude i mean given what you're saying new jersey nevertheless did not charge him with with any of that and ultimately dismissed the case so i would hope  don't speculate as to what his knowledge was or what he was doing their own or whether or not he was even aware of it because the record does not reflect that you're funny i'm sorry your honor that's correct and he admits that violation also there was never a charge that he was misusing and identity i understand ultimately he pled guilty to that using reginald davis but this was essentially the sentencing court's impetus in terms of that the government should add that as as a specification as far as probation was concerned initially he was charged with really the underlying accusations in new jersey and leaving the district without without permission but with some influence judge sullivan added or asked probation to add  the additional identity charges he wasn't charged with identity theft i understand judge judge walker saying that perhaps federal law should impose it but state court didn't even impose that he was never charged with the misdemeanor or whatever it is regarding the theft i'm just we have to keep close to us your honor today because we have a very busy schedule you for your consideration and i would hope that you find the sentence substantially unreasonable and remanded thank you very much we'll take