morning i'd like to ask if i could reserve one minute for rebuttal thank you thank you for hearing this case your honour's the jury instruction in this case was so bad it was so bad let's look at what the judge that these that does not include don't look for it because the court dismissed that charge because the that's the only logical interpretation as a juror if a judge tells you there's insufficient evidence as to count eight that means there is sufficient evidence to eat because something distinction between what is sufficient evidence to give a case to a jury and what is not all they hear is that there's insufficient evidence as to one not just the other and it's  stormfront no your honor he doesn't he instructed on burden of proof at the very beginning this was one of the last things the jurors heard before they went into the liberations in on the issue of the distinction between us as lawyers understanding what the judge met and allayed jury not not getting not being told that distinction let me tell you i took an informal poll of non lawyers homes with this situation if you were a jury and listen to a case and at the end of it all the judge said there's insufficient evidence as to how one would you take that to mean it was evidence as to how to date one hundred percent it's that yes what else could that lawyers understanding what the judge said and laypeople now did there was an instruction in another circuit ok there was a virtually identical flawed instruction where the judge said there isn't sufficient evidence as to count this but instruction he the defense did not and shame on him but also judge this experience district judge he should've known you just stop you just say this how does no longer before you you're not to consider it period it was no counts after all they did it once and the judge has told us not at all your honor sister counsel will be addressing the improper closing argument is that that is a different matter it is but there are combined they're related because what you have here is a prosecutor telling the jury that he has loads of evidence ok and then you have a judge telling the was really bad and i would say that the judge will never make this mistake but he need it here and you have mr lugo it's a friendship with no sense it's ten years in prison on eight instruction that implies sufficient evidence thank you first argues that the disqualification of a substantial majority of puerto ricans from fellow who jury service because they don't speak english well enough is structural error under well here's why i think this piano can actually address this in first because better more explicitly left open the question of whether accommodations could take care of this cross section requirement for the united states i'd like to get if i may wake the defendant and assertions of reversible error in the government's statements at closing argument i think the cleanest way for the court to address these argument to take for your office to stop making arguments like this we have twenty thirty years of cases making this point over and this case and we acknowledge that they should not have made the statements and then you weren't willing to stand up here and boss as a representative of the justice department and make the concessions that the office made to you and i don't think that the state will should have been made and that's because i think the government's responsibility is to say as far away from the wind as it possibly can now i think it  both defendants were identified that he is not a member of the entire conspiracy that is here in times but that has a project and housing project where he was dealing drugs address that issue it is not a bar that there was no objection at trial this circuit recently within three years addressed another systemic problem o so it's not a total bar if this court isn't high to address that other issue thank you primarily on cooperating witness testimony that could have been disbelieved the bolstering arguments certainly may have affected the verdict even if you don't agree that there was an effect on substantial rights