in the united states and i think it is the section that this court needs to follow as far as the defendant's sentence but what is the definition of a suspended sentence i had a difficult time finding a definition in any of the circuit case law to a one year term of community placement to begin either upon completion of the term of confinement or at such time the defendant may be transferred to community custody in the early release and finally on page thirty five the court notified you have talent that any violation of the terms of the judgment could result in the defendant serving the remaining portion of the sentence in a more restrictive confinements dad asked right there that tells parents this was just excuse me strict circuit case that came out of two thousand and one and the court ruled that it's very clear that it was not the defendant's instance for mr harris because there was no probationary period that if it was simply paroled through the department of corrections and the court ruled on page five eighty eight for all did not have the legal effect of a suspended sentence so in that case the court wasn't looking to who suspended it but was they're a probationary period so forth after his release to ensure that that time which they suspended that there would be period out there that if you violate any condition he will be put back on it's like the government or the app violate any conditions then he would be put back into prison there were specific regulations that up and i think that when the trial court made their their order and said that because the department of corrections had the ultimate stain on whether he was going to be accepted into the program that that was a mistake and i think that harris was a similar case in that the court ruled that no the department of corrections is the one that  fact of the matter is that his suspended sentence was through his judgment sentence which allows for the community placement and it was set up through the very statute which allowed him to be put into the work ethic camp and in the first place i think that's what allowed for the suspended sentence to come about and the fact of if the court set it up or did the department of corrections set it up makes no difference the fact of the matter is that mr gomez garcia received that suspended sentence and i think that's the most important thing county or bend county made the recommendation he made the recommendation knowing full well that this could happen that the defendant most likely would be put into the work ethic camp and released early and that's why in the judgment intentions there were conditions that for so i believe the biggest question in determining whether there was a suspended sentence was there a probationary period could that time have been reimposed at a later date and if your answer to that question is amended to allow him to attend boot camp if he qualified but he was still under thirty one months true he served eight months of those eight months of the time and then was released immigration authorities to be deported from the united states the government does not take issue with any of those facts but does concern the government is the appellant formula has to be applied then i think it leads to an inequitable situation there can be two gentlemen for example who receive the same sentence both say twenty four months one gillman qualifies for work release or for boot camp and so he serves a shorter sentence and is released from prison in any subsequent proceeding the gentleman who received the twenty four months straight time will be treated in equitably when compared to the first element if the pole theory of the sentencing guidelines is of that subsequent criminal action will be treated harsher each legislature as i pointed out of my brief if you take the eight months of this jet this gentleman serve at the three to one multiplier which the legislature is impose an equal seven hundred some days of straight time the legislature is recognize that boot camp is tougher and for some reason it doesn't apply the same way as a script linear calendar does one person serves a straight time the other person who goes to boot camp get some kind of super credit for going and doing it but the measure of the underlying criminal conduct is the sentence which is imposed if we are to find issue instead of pursuit of a survey are to be punished based upon their prior criminal conduct we need an adequate major of of the severity of that crime the only reliable indicator we have is the sentence which was imposed by the determination of that of an individual criminal history and the only way to do that is to trust the wisdom in the judgment of the sentencing court and look to the sentence which was imposed there are many reasons a person may get out of prison early it's not unheard of  state institutions to release prisoners early because of financial considerations we've all heard about in the news where because of overcrowding and financial considerations the doors are open and people with less than x number of months to go are released on to the street but we do want to case like that do we look to see how much time they actually serve their steps wasn't commuted it wasn't suspended the state simply throws up their hands and says we don't have the money to lock these people up anymore we're going to turn him has to be also the fact that they're released on these conditions and if they violate the conditions and they can be brought back into the system in order to serve the balance of their time but the guidelines indicate that anybody receives over thirteen month