appeal very often and fortunately i was able to develop sufficient facts which i think will permit you to consider this case on this record at this time on the i f c issue i was not trial counsel i was appointed after the about the logistics of getting mr brown and others who had been subpoenaed pursuant to court order and were available to testify and the court testified the following week of trial so you have the abusive and psychologically abusive to these six victims having smuggled them then harbored them or used documents either they or someone else's to get them into the united states had them sparsely he never saw mark in the street the boys that mr mock up he saw them work and he never saw mr mock up mistreat them at work that they were happy that they knew that they had a normal attitude of here's a person who had important evidence about their physical circumstances to refute the victim's testimony also he know why from this record defense counsel didn't call you'll hear about squalor on the farm and you'll hear about mr mock and not being a good boss that was the opening of it he'd already set up with the jury to consider the alien and that in itself combined with value to call a very important character witness which was available and provided appropriate testimony for the jury's consideration is why i contend that you happens all the time going to any agricultural area anywhere in southern california arizona and texas and you'll find people who are working in the fields working  agriculture where the employers provide them a place to live and me and where there's no force involved at all they leave if they want to but they clearly are being har where you must do these things in violation of chapter seventy seven and in this particular case that the allegations of the indictment already you must use these things in violation of a fifteen rutledge a conviction is the president's and and you understand the issue but i'm here mainly because ladies and gentlemen trial counsel in this case botched the job is satisfied on the record by by a conviction that is otherwise undermined by the conduct of counsel and i just without a factual record being established by judge moore way in the district of why where mr domingo is offered an opportunity to present a factual justification for his tactical decisions we can't even stablished one whether his conduct was below the level of  accepted under strickland and secondly whether his conduct resulted in an outcome that wasn't a foregone conclusion from the strength of the government's evidence in the case so this case to me strikes me as a classic example of why ineffective assistance claims are generally not effect if we litigated at this stage of the proceedings so it is really all i have to add on that question and there's just wasn't a lot i could do practically in the record i had to provided in discovery the witness was available i had the witness on my witness list and simply chose not to call him because i thought it was just me on my view as to shortly in my view i certainly could have got information helpful to my case but it would have already had why mr domingo chose to not put on any witnesses i don't know i anticipated that there would be more of a character based defense that's what i was prepared to respond to was a character based offense whether or not for all i know reaches of the society whereas the people that he was bringing the whole bringing to hawaii to work for him came from the lower classes and tongues aside so whether or not mr mock is view of what should be offered in his defense weighed on mr d offenses human trafficking under section fifty ninety is knowingly recruits harbors transports provides or obtained by any means any person for labor or services in violation of chapter seventy seven so  ultimate goal has to be a violation of chapter seventy seven with that labor force that's not the focus of the statute the focus of the statute is recruiting harboring transporting providing or obtaining that labor force the involuntary servitude statute applies to holding to involuntary servitude any person for a term involuntary servitude being defined in cause minsky as being the use or threatened use of force or legal coersion as dist of the document and i'm going to leave out the force lever simply because judge more weight found that the forced labor statute as proven in this case was multiplicity to involuntary servitude convictions because there was use physical force and violence used which in her mind basically satisfied both statutes with that with the same conduct your opponent argues that one of them should have been vacated but your position i don't i don't think so and i must concede that i  not brief that particular point in my brief i have briefed in other cases involving guns and firearms where you have a possession of ammunition any possession of a gun and you prove both and and i'm a my recollection of that case law is the remedy as far as is it even if even if the court as your child pointed out came to a conclusion here that there was multiplicity and in the manner in which these counts were charged the only remedy for this particular case but consecutive to timely eighteen because the only consecutive nature of the sentencing is between tight only and title eighteen in title eight the only remedy really is that the thirty four hundred dollars special assessment for any found to be multiplicity but i don't believe i have any other comments for the court unless there are any further questions at this point i don't seem thank you for your argument counsel here rebuttal at this time just to answer your question judge hawkins the the and the description by mr shipley at access to record one seventy one is the page of the judgment which shows the convictions on all thirty four counts there are going to stand in recess for about five minutes of counsel in the last case will come forward and get a simple the counsel table and we'll be ready to go in about five minutes