call and was told that that this was their two pages two missing pages were part of the transmission but are you saying in that context yes that's correct but that doesn't answer the question here of how the rosemont how did rosemont instruction been given to the jury had the jury been acquired to find the element of  sheir you have the rosemont error is not harmless because there is there must must be an effect on the jury because there is no evidence and offer to trial from any witness write any form cases raising rosemont in pinkerton those other cases excuse me are crimes of violence the firearm there is a get used brandished or it's discharged there's all evidence of advance knowledge so then you know that any error was harmless you discussions about killing an informant shooting stash house guards bringing a gun to a robbery or planning an execution those are all the scenarios in which courts have you're correct but that's the other evidence here and again when you when you don't only draw inferences from the government's favor or other evidence based on that testimony is that mr wood had no reason to know way of implementing the notice directed pastoral thank you that you must include all your claims is not good enough because the court should add and if you don't here's exactly what your limits under twenty five make it nothing could be illustrated better with the supreme court was talking about  word is clearly labeled as p a n e district of pennsylvania and then by the way is what shows that mr witt to get this for what he submitted me missing the first two pages which are the charges but if you look at the says well how do we know he got it i want to cross examine all these people in before he submitted his twenty two caliber ocean on the eastern district form and so the only question is did he have those first two pages and what the district c and miller by the way followed the approach by the second circuit in adams and the one difference between adams and miller again it is that the notice applies without first considering the form of the filing and that's whether or not a petition would be time barred when that petitioner comes back to court you can't require a district court to figure out exactly exactly what that means that we can require a district court that could do anything that emphasizes one course over but the problem here is that there was has our previous piece dealing with mr wood said that there was that instruction that was given in connection with is the right set of facts to try to get to the but i think it's the right set of facts because i don't like all those other cases where you don't really have to decide the issue of this case shows that that there would have been something different had a rose non instructional been given because there is not i'm going evidence to support advance knowledge and i think the third the third circuit has changed its modern jury instructions from that time to add in that requirement post post rosemont so i think that had that was my instruction been given the court can't be confident the verdict would have been the same and it must be either sure i only have a very slight risk of influence influence on the jury and cannot do that here because there is not evidence of advance