was not his legal name his legal name is wrestling or that is his birth name however he has never used his birth that his mother made remarried when he was two years old and the only name he has ever use his identification to reflect the name he's never used those first choice is all done while he's in prison was this brought to the attention of the district court it was certainly objected to the condition absolutely your honor and the court on the basis you're describing the indictment that probation simply recommended this and then the court imposed it but it's not clear that this was appropriate listening is he in prison so sara still terrorism in all his identification is the name of his marriage license on all of his school records everything it's again it's the only thing he's ever used a supervised release condition must be reasonably related to the nature circumstances of the offense or the history characteristics of the offender i would submit this is not recently related to any of those things but assuming it is then the condition can then only be imposed if it's the least restrictive condition necessary to achieve the goals of sentencing those goals being parents protection of the public and to throw him from any any for future crimes and it doesn't serve to rehabilitate him any way it's simply surface serves to cause him additional difficulties that are simply not necessary when he gets out he'll have to get a new driver's license right well if you still have one it goes through while he's in pretty well while he's supervised release obviously begins the second he weaves prison so he in fact would have to change all affects his wife and he's married he has children they all use the name still terro this is simply not a condition that is appropriate it's not proper and the government simply did not submit any evidence so that mistreat why it's proper here and how this is the least restrictive condition necessary to achieve those goals the governments who did nothing and now they're trying to defend it by saying well we have to do is change his name well that's not how supervised can just release conditions are supposed to be imposed by the government ha and that's the issue with respect to paying the cost of treatment the court here imposed a condition that essentially delegates to the probation officer the right to determine whether m should have to pay the cost of treatment and if so how much this we submit was an unlawful delegation to the probation officer in the duke this case this court reviewed this this issue previously on plane air review and the statute issue eighteen u s c section thirty six seventy two clearly indicates that when the corps finds that funds are available for the payments of such treatment conditions that the courts ma make such payments but that's not the condition here of the condition here delegate it's to the probation officer the ultimate decision making authority it's as if the court were imposing a fine and said well i'm going to impose a fine but i'm going to leave it up to the probation officer to say that the amount of the fine so a little bit different than that that was not i don't think so your honor and the cost of drug treatment well the problem is deals with right that's right and the probation officer is going to decide whether near there did not object that's correct that's correct that was reviewed for a plane and solely for plane entering the court made it very clear that there were good arguments on both sides were sense to going to pints and because we can say this isn't playing air but we'll leave to another day whether or not in amount were set by the probation office does not but it reverses the burden i mean the burden clearly is on the government to establish at the time of sentencing whether or not a condition is appropriate and and what the penalty should be  investigate your ability to pay at the time this condition comes into play and then make a recommendation to the court in court will deal with the recommendation of that time that's exactly what i think would've been appropriate but that's not what was done here but i think that is in  thank you may please the court my name is david gallop and i represent the united states government in this case addressing first the concerns regarding the defendant's truly evil name i think it's important to distinguish the two issues here whether or not it's a proper term of supervised release that a person be ordered to use is true legal name which i think that the defense is asking the court to disregard the entire term based on an apparent misunderstanding as to what his true legal  said throughout school his name was still terrible his entire criminal history is under the name still terror so far as we can tell his social security number is issued under the name still terra as defense just indicated to the court his marriage license under the name it wasn't until he came before the judge at sentencing that he brought up the thought well perhaps my true legal may may be raising or i would argue to the court that based on his history of the name sotero that is his true legal name i think the court is trying to prevent him from actually using any other name and especially in an offense like this a possession of a firearm by a felon we now have just somebody who is prohibited from possessing something based on a criminal history so from all that the government can tell and we can tell from this record the intent of the district court was to prevent the defendant from using a name other than sole tomorrow is that correct i believe that is your different name in isn't he in fact technically violating the condition by using the name soetoro while in custody no because that's the name under which he was prosecuted i think that the real issue would be if he were to revert to the name raising or and again that would be something that the government had any serious objection to a modification of the condition that he not use any name other than sotero no you but i stand the argument is i think that the fences that are the defendant is asking that the court then disregard the entire term of supervised release that just using the truly domain is inappropriate i think that's a separate argument that they take in this confusion and extend to ask the court to disregard the entire term but you have to make clear the government has no objection if this went back to district court if it went back to district court to asking the district judge your honor if what you intended was that he not use any other name and so terrell in that condition be modified to reflect that is that correct that is correct ok you will move on to the elegance thank you and in regards to the delegation of authority for beijing and the government respectfully shall pay all or part of the costs of treating his drug dependency and or any alcohol dependency to the after care contractor during community supervision under section thirty six seventy two the fed it shall provide payment and proof of payment as directed by the probation officer didn't and that's found judge graber in the opinion suggest that in going through the point aaron  this was really a very close question and a very serious argument could be made the other way yes i think that was acknowledged and i i believe he also said that he was following the fifth circuit in the warden case and finding his decision and again it is plain our analysis but i submit to this court that even under abuse of discretion the analysis still holds yes she says although we are uncertain this is it beige nine hundred eighteen although we are uncertain whether the letter was an improper delegation of the district court's authority under eighteen us c thirty thirty six seventy two our very uncertainty persuades is that the district court did not plainly er it isn't setting the terms of special release conditions hazard that been viewed as a core judicial function yes it has i think that even within the court determining the sentence the reference to thirty six seventy two underscores the idea that this is a rehabilitative measure and not a form of punishment or sentence could the district court impose a condition of special release that  told a defend that they were to undergo drug rehabilitation for as long as the probation office determines i believe because your honor we could completely delegate  probation office the quality link in successful completion of drug treatment i think it necessarily requires the input from probation because that is how it was my question could they'd go to the district court toss the whole potato or treatment to the probation office i don't believe so could it toss to the probation office the authority to set a fine no and i would argue to the court a fine is a form of punishment and that wouldn't fall under thirty six seventy two that would fall under thirty six sixty four if the probation office in this case determined that so terrell had some that circumstance it would be the defendant not the government that's correct the issue that the government would have is to argue otherwise that the government has the burden to prove whether or not a defendant has financial resources i think invites a tremendous intrusion into the defense privacy because then we would have it ensure hearings to determine what exactly his financial assets are here we have the court order in hand  but will allow probation to make a determination whether or not you can pay the whole amount and i think as justice judge tyler indicated i think that is a benefit to the defendant we want information shared with probation they have a the in that circumstance who would have the burden the burden of proving whether or not he was able to pay i think it would then shift to probation at that point in terms of presenting evidence part of government yes so  honor so much the court is in for the questions i'd submit i don't see any thank you very much thank you both the case just argued will be submitted for a decision and will proceed to the next argued case on the calendar which is my hope i'm pronouncing that correctly versus the