page but he submitted a jury instruction which specifically stated as an element i believe it's on that for mr garcia knew that he was in the united states that instruction also concludes that mr repet terry entry that's not the law on the ninth circuit at least under the facts of this case later when the district court is about to read the actual instruction of the elements of the district court speeds assuming i'm not going to him and the attorney general denies it there's no you can apply for readmission your bedfellow and then sometime thereafter he's found in the the defendant has read no evidence to the contrary and here there's evidence to the contrary that this there's nothing about the characteristics about this area up in the mountains that would indicate that it's in the united inconsistent or doubtful credibility in this area which the prosecutor during closing argument described three times as the middle of nowhere you need something in this area to indicate that it's actually the united states this is a mountain it's very rule there's bushes and there's many trails there's nothing in the record to show that someone could have been simply hiking or walking on the trails and got in think he could be hygiene it doesn't matter that the thing is it doesn't matter and less there's something in the area that indicates that there's no of nowhere is actually the united states cross over well that's where you're really arguing that because there are no signs that say welcome to the united states you would just illegally entered yet that he can't be shown to have known that he had entered illegally when he found hiding under a bush and middle of the night i'm not saying there needs to be signs but there needs to be something me most of this area there's like about it and eight to ten foot steel fence that runs from the border way out into north san diego county i believe in the imperial county but by this time all that's there is a three a bob barbed wire fence and it's like three strings and in this hunting out in the wilderness and it turns out following a herd or something is in the united states could that person prosecuted and the answer is no because there is an intentional act requirement and it's the same thing instruction is not necessary but when you're in the middle of nowhere you need it and it's really understand your position directions below before trial defense counsel filed a motion to dismiss the indictment on this issue of not listing the knowing element the district judge properly rejected that and counsel for a pound is not raised that if you want to appeal to there's no indictment  u the only issue is again the jury instruction element where he claimed that the jury needed to be instructed on the knowing element i mean with respect to that plane rivera's c s and quintana taurus make it abundantly clear that that issue does not need to be separately alleged or proven to the jury because only in the rare exception enough found in thirteen twenty six case will ever be evidence that a person was not knowingly in the united states the facts of this case  suggestion that in fact he was not knowingly found in ties states the analogy to a canadian hunter doesn't work because here that he was not hunting he was in the middle of the night by a count of the agent who apprehended in a quarter or a half of a mile inside the united states having fled when border patrol identified themselves and then hiding in the brush there's simply no indication from any of the facts that there is anything but a knowing entry into the united states and indeed the counsel in raising this never presented to the trial of district judge there is evidence to suggest this never tried to argue to the judge that an instruction was warranted in this particular case and to the contrary defense counsel actually conceded this element and here reasons that i think that the instructions how warranted it was almost certainly harmless beyond a reasonable doubt which thank you thank you can't respond to anything because there really wasn't much to respond to but like t