in the fourth case united states versus john please the court my name's daniela smith the federal public defender's office they represent miss johnson the first issue we'd like to discuss today is the government's duty to disclose brady material and the lack of a complete accounting by the district court when they did the restitution here we've made no allegation of bad faith by the government we don't argue that it's a deliberate failure to disclose it but we know from the hearing on this whole i don't understand disclosure before sentencing daws when restitution is joint and several liability so anything the united states actually manages to collect from the taxpayers automatically now maybe i'm wrong maybe decision joint several i believe i think it is but if it is then what the district court is supposed to do list shut down the total and then as it's collected either from the defendant or from the taxpayers the amount due to the other goes down that's just the way the thing works certainly your honor however i believe that she has been ordered to pay exclusively the amount so i have to go back and confirm the judgment but there's also thirty five fifty three any problem judge and if the judge labors under the impression that she is responsible for a greater loss there actually was not only is that relevant as a mitigating factor  your argument concerns how that loss is collected and from whom not the total amount of the law's true but i can't figure out why if there is joint and several liability the judge close to put down on the tot and then how much is paid by somebody other than the defendant just automatically gets deducted ok your honor that never lasted still be the problem of if your district court thinks the total amount that hasn't been recovered to seventy nine thousand dollars but say seventy eight thousand has been recovered then that makes the sentencing a very different event so that is definitely a feature here and we don't know because there is not a complete accounting which is required under the law and it that's the exact language a complete accounting must be performed it wasn't done and i'll try to confirm that the head with the judgment language is whether it's joint and several but that at least we know from the statements by the prosecutor it doesn't it doesn't even have to be in a judgment ok right standard judgment entered by federal courts or jordan several unless the other one there are very occasional increase of several judgments but they're all that's just the starting point i don't court judgments are joined in several so must they say other ones that's fine your honor and they're supposed to be completed counting they're supposed to be reduction under thirty six sixty four j eight through be those things we don't know because again we don't have the information that's necessary here to show the judge did those things but if i may move on to the second point and that is the waiver form that the judge exacted from my client prior to sentencing we think that there is a considerable due process problem when the judge is going to impose the sentence tells one party in advance i want you to essentially waive all challenges in relinquishing rights that they would not otherwise relinquish under ordinary circumstances do you know what other judges in the southern district other than judge rosen cycle are employing her for i'm not certain she says our court has come up with this long so my it so lopsided affair you're coming into the sentencing and you're telling the defendant to waive something and the government's not made to do the same thing parties are going to compose supervises it is going to be a matter of contest between the parties the district court i believe in this by aligning its interests with the government wanting to conditions what the government does here the district court asked the party to waive in advance the conditions that the government wants this is a matter where the appearance of cost on a defendant who says no to this particular request well i don't have a crystal ball that didn't happen here so i can tell you then if there's not even any such contention what's the problem with asking if you want to weigh what is for most defendants most of the time a complete waste of time reading in open court conditions that the defendant has already read on paper i don't think that we can say that is a complete waste of time because  one party to waive contest the conditions we've we've just been through this the defendant is asked if he wants to plead guilty if government is not right there on whole bunch of things that are designed for the protection of defendant if they want them but the defendants are compelled to take advantage of that and the fact that they aren't designed for the protection of the government is why the government isn't asked away i'm not certain what it protected for the defendant to have that request made that the defendant was in the position that she felt she could say no judge given the immediacy that the sentence was going to be imposed by the judge that she risked angering that is maybe i just did here today still but i mean it move on then to the supervis hundred two of the thompson decision we don't tell defendants to go ask the probation officers to define terms that are imposed by the district court make terms task to be defined by the sentencing judge follow all reasonable instructions we don't know what's reasonable in the guidelines again don't use this condition may work to the conditions of supervised release as related in supervised release this is a terribly open ended i think a condition that allows the probation officer to search practically everywhere you know that's improper  wants the prosecutor or the united states collects the taxpayers from the taxpayer doesn't notify the defendant and say your restitution is fair by reduced by the amount if it reaches a point  mixing material difference to the internal revenue forget about material to just take my question as it is government collects a thousand dollars from one of the taxpayers do why first off the defendant always has a right to request to get an accounting and that can be done from the clerk of the court which keeps that information it can also be done by the financial education unit of each united states in this particular case place so is the answer to my question yes or no well that's why you know everyone johnson pays fifty dollars on a given mark she is not likely to get a a statement saying that her total restitution is reduced by fifty dollars on that particular month yes that's against it but i can explain further every tax case in the united states for tax repair district it's had a positive effect you know what it does it makes defense counsel take the time to read and go over all of those conditions a justification is prior to steps they were always before paused and out took a break giving more time to read and came back answered more questions about those conditions of supervision so it's used in a very positive attack that it's certainly not that a ten percent over fifty dollars which of those groups quite standard for really low income defendant in our district about the search conditions based upon reasonable suspicion on the condition of the judicial district they do spell out every county b s artist yeah but the judge didn't adopt a judge so it should be in the written judgment that's all you're asking for so import any knowledge to her and what counsel spoke with her about i'm not sure either but we know this additional fact because the government saw a psych evaluation and got my client committed to a mental institution how much she understood about anything that transpired between her and her counsel such the counsel representations can be relied on should be an additional problem for this court to rely on either his statements or my client's statements and assessing anything other than what's wrecked plain in the record that he did not understand much about supervise