somebody is legal this is a twenty to fifty five claim where mister reed hope was denied effective assistance of counsel when his trial lawyer ignored his request that particular evidence be present at trial before resting the case evidence which consisted of the testimony of the one puerto rico police agent william morris already oh and the rough notes and not on the boat but rather at the shore unloading the contraband in other words he was never on the boat now although both accounts tend to be or seem to incriminate mis the mixed up and confusion of identities was the product of poor police investigation that needed to be percentage to the jury in order to attack the credibility of both the requested a mistrial which the district court the night this the district court concluded that the defense could could and should attack miss the other that was just credibility in trial and call single witness not that the e a six or rosado was hand written notes as evidence as a result of mister reno was found guilty and convicted of conspiracy to smuggle over understand was a result of incompetent police were should have been part of that trial strategy and should have been presented at as evidence so  i'm not seeing any additional questions counsel so on thank you and we'll hear from the government to confront and challenge the district court's reason for denying him relief mystery hotels and most fundamental task of any appellant which is to explain to this court where the district court went wrong so my family the challenge this records reasoning  vote has waived any such challenge and thus cannot succeed on appeal but even if we were to concentrate on the arguments that mister rico does bring in his briefing he still fails because he fails to develop any of his arguments mystery those e a mistake that the wrong name was used refer to someone else and he should have cross examined the government about it to make a cause havoc with their case so it doesn't take long to say that i just said  what's wrong well what's wrong is the district court properly tonight is motion is being insufficient on its face those allegations your honor simply cannot ever overcome the strong presumption in favor of his trial counsel having operated within reasonable bounds as this court stated in the universe's united states which is the decision of the district court relied on in finding that mister rio had not proven he performs on the strickland this court held that decision whether to call a particular witness is almost always strategic requiring a balancing of the benefits and risks of the anticipated testimony so the usenet is the mistake it was the mistake here just in the typed up formal document so mister reheard never actually like to have a few responses that your honor st of all mystery has never really explained what he hoped would be achieved by either pursuing the impeachment evidence that he wanted in the questions factual question that there's a da reported issue here yes and it has a name and yes it is that tight that's a typewritten name right yes and that's the wrong name yes and the key agent's testimony would simply be that's a typo and put in an extra letter or left on a letter thing the field notes the rough notes placed sundry riehle where they were not can they were not consistent with the d e a six or they were consistent so my understanding your honour's that the rough notes placed mister reo on the beach but there was one further confusion within the rough notes themselves between cindy read s but as a district court found when she wrote i'm sorry what was the further confusion simply that on one occasion within the ruc notes itself it appears that the agent rouge area wrote down san the six as part of the record on appeal but unfortunately not such an old case that part of the record has not been digitized and in the twenty to fifty five proceeding mystery ho actually never proffered what he expected the witnesses to say how they've been really did in refusing or declining to pursue this line of defense was simply a matter of trial strategy and he was very clear precedent on that ground and when it comes to prejudice there is simply no possibility that cooperating witness had once said that mystery hose wrong conspiracy was not to stand on the beach and take the drugs from the boat that was on the boat delivering the drugs in puerto rico as a district court held that does not e and the other thing that mister you know wanted to do was have his attorney call a government agent and impeach him the government agent though william rosario played no role in the government's case in chief and it frankly would have been  carrying the drugs run out of gas so on three different nights members of the drug conspiracy caravan down across the island from san want to salinas in order to wait for the boat to arrive and two to three of those nights mister mean rode alongside sandy riehle in a van and he actually testified that on one of those nights they talked about how the drug shipment was being delayed because the lack of gas impeaching one of those three that concludes the arguments for today this session of the honorable united states court of appeals is now recess until the next session of the court god save the united states of america and this honorable court counsel you may disconnect from the meeting