relief here despite the serious risk factors that were established in the pre sentence report adopted by the court but the most startling fact i think was the court's ignorance or just setting aside the five to one relative risk of contracting cogent prison the court noted that there was an uptick in cases in which western new york and there was a surge everywhere and really just didn't didn't get the fact that the risk in prison is so much higher and we submitted specific documents from the facility that is rodriguez's still incarcerated at northeast ohio correctional complex she's never been designated facility there there's an i c e detention facility and then they hold some people who are detained pretrial and some after sent but there are no statistics that are issued from any o t c the only thing we get are these warrants reports and you c see from the words reports that it's an exponential increase so really every day in detention she sits waiting she's going to contract this and with her condition with her weight which really shouldn't be in question at all and with the original which has been treated with life she's definitely in a high risk category also the court looked at and said that her family circumstances were not unique we beg to differ she's got four kids now that she needs to deal with at home one was incarcerated  but three who are in high school and they're scared their fathers are people who haven't supported them over the years she needs to help her or her children so i know it's difficult to get this this is an exercise  discretion but i just don't see how the district court can ignore these facts particularly given the fact that we cited over twenty two cases at the time a promotion where his manic obese patients had been released by the courts  flight you never the only the issues that developed after she her arrest here were drinking issues and those were dealt with and the last two really weren't dealt with but you know i think judge or care looked at it said i've had enough that's it but she she went through her counseling she's she's never absconded that happened twenty two years ago from probation twenty but she's not a risk to play she's not dangerous she's not violent read from a script and make these horrible statements that the police are coming in all the rest of stuff to get these people nervous to pay bills its debt collection practice and she was she worked for that firm on and off for a period of a couple years and she recognized that this was over the edge she had worked for many years in the collection industry and this was beyond the pale but that's basically her  conditions of release of previously as well as having a substantial criminal history it also makes the point that she does not demonstrate anywhere in her papers and the likelihood of success completely overlooked one of the guidelines issues of motion for a variance and really just said no way after i brought it up at the end after an argument but the main focus is on the compassionate release cases ten done it and that appeal and as the court can see from the record  district court said on this it actually the whole month of september was lost because i couldn't even get the district court to authorize the transcript so i could pursue the appeal it to go to the nd circuit to get that done and then we had to move in the nd circuit to remand the case so the district court would release and then the court took another month to do that so in my mind that the court was going to say no it could have said no a long time ago i don't understand why it took so long but now she sort of six months of her sentence and even under the current sentence supervision there was a comment that it wasn't clear member the exact word but it was an example read it she had a drinking problem and she she was punished for that twice in state court and then increased her criminal history word for this but she didn't have an extensive criminal history kid before that she had an unfortunate incident with the father of her child who is alleged to have used the child and she ended up getting cherry for allegedly making a false claim the mil you're with the fact that her case it's most familiar with her ability or inability to comply with bail conditions and it is in the best position to evaluate her factual claims and make finding but even on the substance is rodriguez failed to address either her likelihood of light or posing a danger to others or demonstrating that her appeal raises a substantial question of law or facts that are likely to result in a revers of the right prevail now if anything we can clarify the procedural posture here what is the relationship between between this this what you describe as a motion before us and the district courts the district court's ruling on december th which seems to me to be denying exactly what she's just an appeal from the denial or is this why why are you saying she should go  compassionate release denial and those that they could validated now she is making a motion for bail pending those appeals and that motion must be made in the district court so that's different than a motion for expenses reduction which is what go to the district court so that it's not bouncing back and forth and so that the district court is most familiar with the case there are some occasions if all of the briefing is gone and oral argument is done where the court has said it might consider the motion  circuit but not one of those cases so you know we can we can go straight to the to the two prongs that ms rodriguez has the burning of the stablish ng and she hasn't put aside that she has made this in a district court although that the primary argument she has to show that she is likely to flee or pose a danger and as the panel noted let's just look at this case not even her historical conduct just the facts of this offense and the fact that she has a poor record of