did they expect me to get this information they told me that as long as it was anything that i was doing was for the sole purpose of gathering information for them then it would not be illegal once she says that to the jury the judge cannot make the credibility call it's for the jury into the barrel to make the credibility call even though the judge might disbelieve her or her version of what happened well it's a jury question it's a jerk that's an absolute jury question a true i mean if so then you're saying it's always a jury question i fall i can't think so i can't accept that i mean there has to be some there's got to be if the courts got to decide if there's substantial evidence that more than just intel if a person could make a claim regardless if the claim was well there are you know there's blue martians whatever and it's just you know the court's got to do something otherwise you're talking about the court as a potted plant now whether the court that as long as she's gathering information that i would not be getting in trouble because it was for the sole purpose of good of giving them information and that appears on page four five of my  like the court for its time please the court my name is jeffrey jacobson i represent the united states in this case the district court correctly refuse the defendants request a jury instructions because i found one there was an evidence to support them and second that the other instructions in and you know bringing many people in for magical well that's it's an interesting question because in the case in what i think the record bears out that if the defendant's case was stronger that as a that she wasn't working for border patrol at the trial that's a double negative i think i think that said that again or at the evidentiary hearing the defendant testified that border patrol never told her that she wasn't working for them so border patrol never said you're not working for us which is an essential it's an important part of this case at trial and this is at the excerpts a record it's one sixty nine she admitted that border patrol charles told her that they were that she was not working for them so that is a material inconsistency between her trial testimony and her evidence for hearing testimony you know but that's not that's that really goes to who she was really actually  here is what i understand her mere more favorable testimony was that after she was arrested the first time and she wanted to cooperate and they were interested because the doing what we want you to do and you won't get arrested for that well i didn't say to exactly but you know on the record yes and i don't know your honor if that's what the inference is in fact the were going to get out of it not to be prosecuted then if you cooperated with them provided them with more information you would not be prosecuted answer yes how much clearer can you get you could not to believe it but i mean not on the instruction of whether to go to the jury this is what the district court adopted in terms of that even if and i'm quoting from the district court's ruling adopting the magistrate's report on the motion to dismiss yes which is as a matter of law determining whether or not entrapment by stop all equitable stop and outrageous government conduct apply even if the agents deceive the defendant into believing that she had to provide information to avoid prosecution and that falls far short  the law says certainly the law says that under the neither case that any error can be harmless error and any error in not giving the jury instruction can be harmless there's always the defendants the pen's you squarely before the jury which is what she wasn't included in any way from presenting her mental state to the jury she wasn't clued in any way from arguing to the jury that the reason why she was there was because i believe find her guilty they had been given all right yes i mean in other words the jury's verdict that she intentionally committed these acts and that she intended to be part of the conspiracy and to further their presence in the united states if they believe if