committed the underlying sensitive crimes it's clear that the crime of transportation can be committed only after the aliens have arrived in the united states and there was simply no evidence that anybody mr winter anybody else transported those with transportation what is required is that the entry of the aliens and then transporting them within the united states by means of transportation or otherwise now there's no evidence that mr whittington drove the aliens in the united states arguably he could have been charged with states and it's not possible to have transportation until after the aliens arrive and are moved by an individual if we have a case that we're deciding what constitutes transportation which might there on those in the pipeline but forth and that someone who is pointing toward the borders and that could be encouraging or inducing that there is a provision in thirteen twenty four that punishes that in addition that it could be conspiracy but the statu imply something more than welcome to the united states in the run up to the border and then say ok i'm not stepping across that line you go across the line that would then they the crime is not committed i mean here we have a distance the only point is they knew they were the truck over there but you would say that in another it's a was along the border somewhere in the middle of nowhere is ones that person does just kind of brings them right up to the border just ok i'm stopping here you take the step across the border there's a truck over there the crime is not human the crime on the united states that is required for the crimes to be committed yes in this case unclear as to the exact demarcation of the border and the questions rather than get a five minute or  complement across the border in terms of that definition of causing i mean it's clear that the change in congress from bring in to bring to it certainly suggests that there has been some change in some broadening of the liability and when does that make inundated at ports of entry and immigration officers to date with people and they were held not to these smuggling are held liable for smuggling because they're under official restraints the fact of the language of the statute includes united states what i bring you to the border and i see there's a truck you know ten feet away go get in a truck and take it all central which was the issue is the leading cause of the i don't understand why that's not to he was asked about a thousand dollars to be transported into the united states and that was on page twenty there was no additional clarification as to whether that meant as he indicated he would pay when he reached his destination there was no clarification again no question asked court steve miller for the united states defense argument here asked this court to walk as a mantle tight rope that defines common sense and defines prior stablished precedent i think the crux of this issue has to go with the authority to have extra territorial liability for alien smuggling and in this case people's  extraterritorial actions constitute violations of the united states smuggling laws and that when people meet in a vet assessed those people whose goal is to smuggle the aliens in make a lot of money that there is no question in this case that the defendant would have even abetted the brain too and the transportation it would actually defeat the turrets purpose of the entire statute to say that when defendants and such a well organized alien smuggling organization makes diverting calculated efforts to disassociate no immunity for those who are willing to assist these people for profit the idea behind the statute is that we if you take away the profit the reason that people would want to commit this crime that then fewer people will commit i think to say that if you're going to pay someone to assist you in a very important part which was to conceal n eleven fifty two the court said that by leaving them the aliens to the gate and assisting them in boarding the aircraft that she brought them to the united  that i missed that case because it had been referenced in the other authorities that i cited regarding actual territorial jurisdiction to enforce united states smuggling laws and that for him to say well i was going to pay them a thousand dollars once i got to where i was going the reason will be duction in the light most favorable to the government is that he knew where he was going to be going and if you're going to be put in a box of two by fours that and things he probably would not have got into that box unless he knew where he was going where he would eventually have to pay thousand dollars but efforts to disassociate yourself i mean he was an employee thank you want to make a thousand dollars sure all you got to do is drive the truck and load the aliens in that box thank you and he's got all it would be unreasonable to require him to know what mr volunteer was going to be paying a suit of and reasonable for him to know what the other people were paying but he knows that he was he was making profit and that because of the circumstances of the organization there being called on the cell phone to help well coordinate it was returned to a different topic of your time is wrong and i find it difficult to understand how the transportation of fans is any different from the brain to a fence in this context it looks to me as if the charged on the same conduct yes that so you think that the same to crimes are identical you can have you can charge people for the same and the and there's no transporting here you're basing it on the bringing to conduct it looks to me well for transportation as basic transport or otherwise wanting also includes the transportation  causing the aliens to move under their own power that was the main thrust of my closing argument at trial and it would make no sense to have the extra territorial action of someone to cause the aliens to transport themselves but they didn't get there so it seems to me the transportation count has to fall well the trick there should be no functional difference between someone causing the aliens to walk on their own and be across the border or in the united states by guiding them be it the person acting on the mexican side or the united states side he ordered there's where it is go that way there's the truck maybe bringing but how is it transporting they're transporting themselves across the border yes really think that it was a way to go yes but i think that  there is no difference in the elements between the two correct is that what you think no i'm not i'm not saying that is that is that if that's it you can be liable by bringing them to the border and then for transportation the aliens must be in the united states they have to be moved within the united states whereas the other ones bring to the border but you know some of your colleagues really argue that breaking goes much farther and you know when you're in that i mean if you if you're saying brain transfer transporting if there is any direction by the defendant him he was charged with aiding and abetting a principle for the transporting but in this case the defendant also was at the box directing them to get into the box states after the aliens have entered the essence of the crime of course is knowing that the aliens have come to your ensures that you are transporting them within the united states by means of transportation or otherwise to further their illegal entry or legal residen see to the next case on the oral argument calendar united states