asked what services she needs and it's my contention that based on the record before the court she was not in the giving services as i pointed out in my reply brief she in fact has not received any of the mental health counseling that she is allegedly being held  on a lot of other states but what the court was required to do was to look at the juvenile in this case and decide whether or not she was in need of services and to provide those services seeing a secure or no if you look at the reports and you look at the pre sentence report the juvenile in this case that this young lady had no prior criminal history whatsoever pointed out she committed a something that i also goes to the fact that she excuse me that the fact that she has no priors and that there was nothing in the record that show that she my state of it was he was in need of mental health services which is apparently the reason the judge decided to put her it was not because she had been abused it was not because she was in a very bad way i guess i'm not saying that suicide is not serious obviously it is but in taking into the context of something to happen to over two years ago from the time that she committed t the fact that she hadn't done it the fact that she had not suicidal ideation while she was in custody at this time even while in custody for over two months points to the fact that there was not enough to find that she was in need of mental health treatment and for that reason there was the only thing that's left that there is no mental health treatment necessary for this juvenile is punishment and under us be given out that's not a recent detain someone and for that reason she should have been allowed to return home to continue with her studies services whatsoever so the time was waiting wasted right exactly and it was only after that hearing that she was moved to the facility in idaho before that she was still in arizona but not at a facility that provided services to her  think the court was impacted and you are twenty nine and thirty and clearly the mother was impacted as well that the juvenile had witnessed her brother go through the same exact thing and she was not impacted by the fact that he received a sentence of six months that clearly had no effect on her whatsoever and i think that that was a factor that the court did consider in determining that she needed to be sentenced to something in addition to six months so that she could realize that negative conduct has negative consequences and i think that punishment was appropriate for the court to consider for five reasons one juvenile doesn't decay that its primary aim is rehabilitation but nowhere in juvenile relating to juvenile delinquents and sanctions are relevant and instructive in determining a term or recommending a term of official detention and in section four point two one five point two of the a b a standards someone who was convicted of  clearly detention statutorily permissible under fifty thirty seven the court is to look at the advisory guideline range even though the guidelines are inapplicable to juveniles in this case the advisory guideline range were eighty seven to one hundred eight months recommended by the a b a and much less severe than eighty seven to one hundred a guideline range that could have been imposed to a similarly situated adult forth i've referred the court to us the patrick b which is the first circuit case from two thousand and four thirty six pounds of cocaine to the international port of entry she tried twice in two thousand and four to take her own life once by cutting her breast and the second time by ingesting some sort of pill she said in p d r thirty that she sometimes feels depressed she didn't state that now she feels depressed because she's away from her family she said she sometimes feels depressed this individual needed treatment and the court saw that as did the publishing department the probation department  and closer to the juveniles community but i think in this case it was clear and you are thirty one and the court stated you do deserve some punishment but you also deserve some help and i'm going to try to get you that if i send you back to mexico i have no  is clear that the courts primary was that we had built ation of the striven now and i don't think we can examine the record with microscopic scrutiny i think that we look at the overall record that the court created and the overall opinion of the court and in this common sense approach i do not think that punishment is antithetical to rehabilitation i think that oftentimes punishment can be a facet of rehabilitation it can lead to rehabilitation and it can be used in conjunction with rehabilitation did you not think it was appropriate for have no objection to doing whatever is necessary thank you thank you very much just a couple big brief points stronger it's you and i if there was any need for mental health treatment i can assure you i would probably be in idaho right now not before you and that's the only reason that i am not as concern but as it pointed out she was not taken to the hospital either time because either time the injuries were relatively minor and they were taken care of through her mother or the other thing that i want to point out is by an of eighteen to thirty six months the court then sentence that you are now to thirty months so that that treatment of eighteen to thirty six months those recommended could be done in this case there was nothing of that nature i proffer to and you look at whether they need my dost treatment in a drug abuse treatment better class about living in society and how about just getting somebodies attention well you are i believe if there was a finding that you know shock treatment of something of that or shock incarceration maybe something that would have worked in this case for example maybe then you could make an argument that someone may be rehabilitated by the time that they're in custody when you take someone who has not ever been in the fact that they were in custody for over two months when she went before the court that would be shock itself that those two months now whether it's two months or ten months they're you know i can't say one way or the other but basis for arguing that she should be released is that she doesn't really even need these mental health services but should she be in continued detention i just call to your attention the u s attorney's offer to juvenile female is submitted