the record as a whole and i submit to the court when that is done it is clear that there are very few issues that were potential issues that could have been raised on the hill in this case one of them that was clearly preserved and that had arguable marriage was the motion for judgment of acquittal on the arm portion of the bank robbery and the entirety of the nine twenty four c count in comparison when looking at that first prong whether or not it was clearly stronger than the issue that was raised i think this does meet that test it was the only realistic hope that the charges could be dismissed the evidentiary issue you know the attorney was aware that it was preserved in those cases in which the court says we will not explore the tactical decision to winnow down the issues or things of that nature there really referring to situations where there are several issues to raise on appeal and you've narrowed it down to the three most effective you don't want to distract the court with invalid issues here that's simply not the case and i want if we have to look a weigh also that i do think the circumstances in his life were relevant in weighing that piece of evidence and then looking at the other pieces of evidence which were the briefs submitted and the record as a whole it's interesting to me that is sort of does pull the cord into the second part by requiring a look at the record as a whole but i think it does and then the fact that the brief was there were four extensions filed  was not high quality that was clearly affected fine my alcoholism i wasn't necessarily is what he says didn't necessarily affect my decision on whether to submit an issue or motion of judgment o basis for making the decision but in fact an expedient decision of someone going through a very difficult time trying to get a brief filed that was already just felt it end and that's our position on that argument and i i think this is just of course avoided that issue by saying in all that he's ruled on it by saying i'm pulled into considering the record as a whole i think my decision to deny the motion for judgment of acquittal was objective lee reasonable outlined factual recitation and the trial is fairly short we would make it does not follow from what was presented to the jury you're focusing on this i'm focusing on count two your honor i think other than their brothers about him using a weapon during the robbery there is evidence that our client my client knew that a robber a weapon would be used mr boyd on the day of the scheduled robbery however  came to be a part of part of this group did not have a weapon with him he showed up at the robbery site where the five people who were going to be involved in the active robbery were they decided they wanted to have an extra weapon they determined they would go back the next day with an extra weapon mr boyd was there he is the one who showed up the next day with an extra weapon the jury would reasonably conclude the decision was made there the fact that there's evidence that my client spoke to and then subsequently aided and abetted an armed robbery by listening to the police scanner and with where they were going to be going to use did not get to the point of did he directly facilitate the use of a weapon in this crime you introduce about that's not enough you're creating conversations in nelson which is an armed robbery case the bank robber was known to the defendant had cased the bank then he was in a car with three people who weapons they went into the bank they use the weapons and they came back out and they all took off together and they said you can't the cords that you cannot speculate that he knew about these new in the eight in the films and still to these the weapon here all you have an addition that there were conversations i don't think that takes you any further i think a jury could reasonably assume and finds that there were conversations in the nelson cases in which how did this person get from casing a bank robber was involved in the planning she was at the planning meeting she was convicted of one count in which a weapon was used but she was involved in directing the victims during the bank robbery  that is the issue the court should consider when looking at the record is whether or not you do have to get to your speculation to find him a rational jury to find him guilty or deserve my twelve second unbelievable and his denials to the f b i are truly unbelievable in fact his tactic in those interviews was to admit just enough every time to explain with some reasonable s from eugene to come to work under portland oregon to commit this crime the meeting takes place two days before the bank robbery and the day before the bank robbery between the ringleader and the petition the conversation about guns and manpower the first of we before the robbery and within days boyd is up in portland from eugene shows up the first time two days before the robbery at the northeast coalition office just looking disputing it's fourth doesn't have to go to the merits of the question but you don't change the standard because the standard that applied to judge jones and applied to arguments he chose to make the stronger of the arguments that he believed had merit and it's clear that if he had brought both of those issues before the fourth the issue of the minor role status given to the witness and the admission of obviously we're troubled by the evidence because it's nothing more than a string of circumstances if you get there why would any reasonable testified at trial i cannot direct the court's attention to a specific page of the pages the court was looking at were the ones i had right off the top of my head i believe it's fairly clear that tony morales has to somewhat of a lesser burden in terms of this doubtless being prejudiced but in this context i don't think it makes any difference because as a practical matter this court needs to find that mr morales layo is entitle for a motion of judgment of acquittal for there to be to this situation i do not think that you can support a jury could conclude that he was brought in as a gunman given that the planning meetings discussed the use of a revolver and it's clear that mr morale client's brother used a revolver on the day of the robbery when they were planning to attend i do think if you look at the records it was at that meeting in the morning that they said we're getting a little bit of a late start we need to get another gun and  case of the united states