requirement ruhleben why does it matter that the magistrate was kind of messy in the way he restated the dual language and it was stated correctly in the plea agreement and it was stated correctly in the pre sentence report so even if it's playing error at it's hard it was on objected to and i'm not sure whether it's the terror replaying our well even if it was it's hard for me to see how  elements in the plea colloquy i mean there's kind of a little bit of a twist because when he was mr ghost i was asked that the understood the transcript says no audible response so it doesn't really reflect whether or not even understood at that regardless of whether there's another evidence in the record to make a factual basis we have wires at this pleading they could have put my problem with the argument is we're not grading the judge's papers and giving an a when they say the words right now be when they paraphrase and see when they missed some words that were really deciding whether there is a plane error and whether it had a substantial it affected substantial rights of the defendant and here what it looks like when i read the transcript is it didn't affect substantial rights the magistrate goes round and round with this guy at one point he tells them even more strongly he says they have to prove at the time you drove the car to the port of entry there was the only way to state a correctly is to read it out well which would give him an a on the testing would be of no value whatsoever to the defendant in knowing what they're talking about so he says it wrong and i can see that it matters well i have a few sponsors that number one i think it really really is a question of grading the court because this is just wrong and the fact that mr why does it matter because mr goat so explicitly on the agreement the fact that the correct statement was read out loud to him in the correct statement in the pre sentence report i mean if there was an issue here if this police should not go down because the man just didn't have the requisite see answer it seems like it'd be incumbent on his lawyer to bring that to the attention of the judge it was incumbent and if i give the government agreed to this plea to that's why we're asking for relief on plane air there's the clearly should've been an objection but getting back to the beginning if your question your hon very next question on twenty nine what's your purpose that date across the current of the i did states without having its contents detected by the border guards yes sir and were you doing that because somebody offered you money to do it yes believe me no reason to take money to drive a car cross the border with a purpose of not having its contents detected unless or something about the contents were to be a big problem with the contents are detected well initially i mean it's sort of obvious to the common sense reader as opposed to the person trying to grade the magistrate's papers that this fellow wants to plead because he knew we'd taken money to drive doc across the border well i think that those statements  there the judge said both parties were used if you like to the findings of fact to the magistrate judge and the answer was yes and here there is no doubt that the defendant is guilty this is not a case where it's a possibility in this case that that would happen and i guess my question was wouldn't you just die or have them take another place i mean rightly i think in this case w and you can find a factual basis even where the defendant says they didn't do it based on the prosecutor's representation pre sentence report and whatever else there may be in the record the second issue entirely distinct from that is whether the defendant properly pleaded to it and that's the issue that we've been questioning you about can be guilty plain as day but if he says they didn't do it  and i really have no explanation for then it was written by someone else in the government and there were two twenty each a letter that did come back and talk about this issue twenty jake later to talk about the jewel case and about you know i think mistake government counsel can get it corrected right then and there on the record this fellow i'd be asleep intended to plead it was messed up the could have been fixed rel because that sentence could be read as judge said i thought i was trying to sneak to cuba bottles in the us i didn't realize i was trying to sneak open that's one reading of the sentence that's possible at but it doesn't make any sense if there is no