it in the past basically we allow counsel to sort of go for a few minutes before the judge and ask questions will take the judge is pretty much in order with my colleagues if they have any questions if they do then will ask them and you will answer them and then i'll go last time any questions after they've gone and so i'll ask the judges just to identify themselves when they speak just so you know who's who  reversal within the meaning of the bail reform act because it would not compel decatur of mr bryant's conviction or mandate a lower sentence stronger i respectfully disagree with that view but i do agree appeal is decided now although this court does have the power we dress that in the st instance i also agree with the government that the district court is in the best position to make that judgment in the st instance although the time in jail was to allow him to continue to prepare to reenter society that's on page thirty of march th transcripts but now your honor there's no such opportunity being lost in a cell for twenty four hours a day precludes any presence of the corona virus which poses a relatively heightened risk of seriously injuring or killing mr bryant your honor my point is this given all of the facts that have changed materially since april  i do agree with the government that the district court is in the best position to make a judgment on this in the st instance all right thank you judge winter do you have any questions for mr larsen no i don't think you the government thank you ron or they please the court when he is jared shaffer and i represent the united states of america on appeal of this matter mr bryant is not awaiting trial or sentencing he is serving a valid sentence for a valid conviction neither which i issue on appeal mr bryant challenges only a discretionary reduction that reduced his original non guideline sentence far below even the guidelines range urges on appeal and forty three dollars was not intended to permit release when success on appeal does not preclude continued incarceration and the judge district judge who originally sentenced mr bryant recently reduced his sentence and subsequently denied his motion for bail pending appeal made clear that even remand from this court would not suggest a necessary or likely imposition of a further only just sentence like the district court and forty three dollars mr bryant has not cite a single case in which bail was granted for an appellate challenging or purported respect like that issue here and for good reason this court's cases in the legislative history of thirty one  and forty three under these conditions and there's no question here that even when mr bryant successful on appeal he has not served his term of incarceration to which he was sentenced and even with respect to his reduced sentence the b o p currently projects that we state bryant was not likely is not likely to receive a reduced sentence less than the total of the time he served plus the expected duration of this appeal mr bryant never presented that argument below and it's waved to the extent the court wishes to consider  sentencing reduction context and has been rejected by at least five circuit courts on direct appeal and lastly there are no exceptional circumstances within the meaning of section three thousand one hundred and forty five see that justify release here w say that the conditions that were to bryant's being held a significantly changed in the time of the sentencing at the time of the sentencing your honor there were significantly release date and or because of their age or is it has included those your honor that's not comparable to the situation here however i'm just you know i understand i understand you you would agree with me a life is a bit different today than it was of what was the news and the original sentence was three hundred month judge when reduced to two hundred and sixteen to sixteen and he and you say his release date is two thousand and twenty two yes your honor that's