supervised release which is the maximum allowable term under the statute you know all or in part based upon the new separate law that the status of being on supervised re that as an undocumented immigrant could be used as a quote shield against either arrest or prosecution so so mr moyes i totally agree that the just rick court said some very bizarre things in the course of this sentencing but suppose we were to understand what it's saying maybe not is solicitously sort of band that if you as long as he he can't be rearrested same thirteen twenty six a violation that's the subject of his criminal sanctions somehow still serving that sentence and he's out with the permission of the court so it can't be  that any other comments the judge made were basically harmless where you want to first i would say that if that's what the judge means the judge probably could have said that but that's not what the judge my concern at the sentencing hearing was that particular issue and furthermore i think it kind of if there's a court stated desire was that she stated at the end of the sentencing hearing was to help them of supervised release to serve after he comes back with the permission of the attorney general or just a year just run out while he's gone and so he comes back a free man i can't give you a district court referenced his criminal history he had a hard stop between referencing the criminal history with regard to custody and then at least said and now on to supervised release so it's suprising leases ticking away so he just has to live even though he's not under any u s authority supervision at the moment presumably because he's in guatemala after a year ago  have these thirteen twenty six eight prosecutions once you've prosecuted the person for and your legal entry you're done and you can't prosecute them again another reason ice didn't logic detain or against him and so he just hangs out in the central district of illinois and now the government arrests him again is it your position that that without his leaving the united states this new arrest is all right and if you think that then do you think the government could arrest him while he's on supervised release for the thirteen twenty six day violation under your hypothetical is the government arresting him for eight thirteen twenty  he's already been prosecuted for reentry he cannot get a double jeopardy clause would prevent him from again being prosecuted for that same so it's not enough to be found there also has to be a new re entry yes or no that's more or less what the ninth circuit said and that's my impression i think it's akin to a overstate were a defendant hasn't really entered under thirteen twenty six but they've stayed past thirty seven in which case they would be made a criminal defendant it would fall under the article article two courts were now they're in violation of the immigration laws and they're simply processed by the immigration system they just got removed as opposed to criminally charged yes yes or no and so in granted the district did make some comments that are not helpful but i mean the district court made it sound like it was your king's x you know that you could go rob a bank while you were on supervised release and you couldn't be touched importantly what the district court said and the their discussion they they cannot be prosecuted for the same offense and that was when the defense counsel said i'm worried about him getting picked up again the court so will not for the same offense it's clear that the dischord knew that he wasn't giving a car release he's not insulated no no of course certainly not yet and the judge said things that made you think the judge thought that which couldn't possibly be the law well in the other evidence to show that that wasn't the judge's thinking is that the judge impose terms of supervise release or condition of so rightly so i should say that he not commit another federal state or local crime now if the judge really believed that he was in the nice thing mr balances are one boxer from further your honor to know one thing as i heard the discussion here and this is another discussion that actually showed up in the briefs as well as at the sentencing hearing and there's a completion right now of arrest and prosecution on the district court did say you can't be arrested i think you said you can waive your supervised paperwork surprising these paperwork and say you know i'm good now of course one doesn't get to raise any of these double jeopardy or defenses or any other defense  mala what is the harm that he's experiencing because he's got this one year supervised release well i don't want to get into any potential immigration claims he may have but i would say that if he did come