drupal_tempname doesn't give a unique file name for public when called for temp

When using devel_generate to generate files, I am getting an error that property $fid is not defined in file_info. _file_devel_generate is creating a file in temporary then moving it to public, but public already had a file with that name it and it's bugging out cause $source->fid is not set and file_delete is happening cause the file already existed in the files table. Since drupal_tempname is being called for temporary directory, course it doesn't mean that file doesn't exist for public as far as I can tell!

Notice: Undefined property: stdClass::$fid in file_usage_list() (line 645 of html/includes/file.inc).
EntityMalformedException: Missing bundle property on entity of type file. in entity_extract_ids() (line 7697 of html/includes/common.inc).

Is the exact error