citizen incarcerated in a private prison prison in michigan the north lake correctional facility and i think what you find striking is if you look at the text order it says quote releasing him to home client my client was never going to be released to home confinement it was never argued that he'd be released to home confinement he would go directly to ice imprisonment and then  supported to nigeria i think that in and of itself shows the court clear error abuse of discretion on the part of the district court in trying to evaluate those  where the fact is he would not be in this country to be a danger to society to impact the victims that could have been avoided full briefing on this matter probably would have avoided getting or instead the judge relied simply on our on our motion and a quick update as to the covert status of the private prison have the opportunity to speak further on a reply in a briefing to demand a response from the government i think goes towards a denial of his due process rights i think it underscores the concerns that congress had and expanding the st up act compassionate release has been around a long time and was soley for the prisons to grant congress found out was too limited it expanded the use of compassionate rel trace what congress wanted in expanding the st up act the most relevant imminent personal factor of mr bush is one  address in a cold environment where he's at risk and that is a change in circumstances from where he stood six years prior from the court when he was something further it's his rehabilitation when you do not acknowledge that this is a changed person from the person you saw and you don't even mention that that's problematic that ignores his human us why does a district court have to discuss things that in the district court's view are not pertinent to its decision why can't the district judge say i'm denying release why that one reason council that that's the question i'm asking why can't the district judge say this person's punishment is not complete it's really too early to release factors in the law and required the district courts to look at all the factors in compiling them to one instruction better eight thousand five hundred and eighty two requires a district judge to effectively to the initial set it's there must be some language there that in your view does that and i'm asking you to tell me what it is because and in reality with briefing with oral argument with the full considered ration of the three thousand five hundred and fifty three factors i don't think the district court would have made that depth plain error and may have very well released he would go straight from the prison to nigeria he represented there you can go into detainment me and he would you please answer the question did you represent that he would go straight to nigeria no that's straight from prison to no jury your honor if we had had the opportunity to further brief those argue that to the court in oral arguments i think that would have been made if that had been a question of the them your honor i don't believe and i understand what you're saying i'm not trying to challenge you on that but mr rugg in the in his application concedes he will nigeria at the leisure of  can you hear me now judge yes ok thank you sorry about that please the court my name is meredith dishman i do represent the appellee of the united states in this case and we believe the district court's order denying the defendants motion for compassionate use should be i think the district court did exactly right here contrary to the defendants many complaints we think that the district court's order court's purview and this is really particularly true where she's been sentenced in november th and by the same judge you know if very lengthy contested sentencing and then it is supervised release order his compassionate release order should say the court made it clear that you felt like when you send him in any capacity which appreciate the seriousness of the offense and produce an underwater on pointed sentencing disparity between similarly not having it that he that the defendant in this case actually received an enhancement for some of the crimes being perpetrated from outside the united states these types of cyber crimes are those that can be perpetrated from argument that you know he is not a danger because he was going to be deported to nigeria it was just a nonstarter with the court and i think that the court know st of all it's the st time the define it as far as i can remember has raised that criticism and i just don't think that's just that it's in a pot on the record here whether he's released all confinement whether you call it a sentencing