this record before judge whalen mr forrester cea objected to us not being here and apparently that conviction when counted against your client was enough to move him from category believe they're relying on morrow's birth certificate as a matter of trying to get into the country and you know maybe years convince themselves that it was someone else we do know that is perhaps  speaking about the testimony of the immigration inspectors when they were interrogating mr forrest garcia and the information that they took out of the computer and they relied upon and making their decisions it was not really introduced for the truth of the matter asserted that it's hearsay it was simply indicating why these agents did what they did that is to processed and arrest mr gore's garcia various immigration violation and you give me that again for the seven forty seventh that have that thirty eight eighty eight eighty eight right at the at page six ninety and basically that really summarizes our position us generally that's true but this is a bizarre case because the sense that this is an identity theft case in one respect well absolutely and you admit that i mean this guy stole some of his identity so you've got a rap sheet now that that relates a prior conviction and you've got a witness who says i was convicted in midair accounting of a crime like that so it raises the specter that whether the guy asked for it or not you're imposing upon him in sentencing terms responsibility for what somebody else did and what mean if i parse through this information it appears to me that a pretty solid case maybe not a perfect case a solid case can be made for the proposition that because of ins problems sorest garcia was in custody between march three ninety two and april sixteen ninety three and if that's the case he couldn't possibly have been driving on august ninety two but and omarosa as well could have been me so that if this thing is susceptible of a rational conclusion i mean it even a completion that's driven he's going through the record and basically making is argument for him because neither mr gore's garcia nor defense counsel made that argument and gave the district court and the united states the opportunity to work through it said he does say he does what you basically have here if you if you work on the proposition that rap sheets are generated from fingerprints that basically what you have here are two rap sheets you have the real deal mor enough to justify giving him another year and if the government if it's just a preponderance of the evidence we don't have the we don't have to go much much further than the math to have to establish that he's good for also also i it's not my statement he's got to come up with something more reliable than that and he didn't do it so the government the government made it they carried its burden even carry his birth well let me ask you something else though once he denies the come up with something more than just a bald assertion yes to prove a negative he says it's not mine and the problem with this case is you've got another guy's testimony to suggest strongly that he's right that it belongs to the other guy is there any damage done and will be in recess until tomorrow morning at nine o'clock