regard to rule twenty nine after four different iterations of the same day and the jury trial is seven days it became plain that the government was proceeding on an overriding theory concerning only twenty two dollars in the just report in discussing the jury the government's proposed struction that would have allowed the jury to consider convicting an aider and abettor even of principle were specifically mentioned that mr it was text messages and the lengthy phone call after a checkpoint and after she had gone through the checkpoint in called the called the casino rather i don't think  and the supreme court's cases are very clear with respect to inconsistent verdicts of quote from the sports fan brandy case this cortisone that hold near inconsistency of verdicts does not require reversal unless there is insufficient jury said well we think that this crime happened and that sheriff was proved to have done it but only by a preponderance of the evidence and we know that isn't enough so we have to  occurs in their view so if that is possible way to reconcile the verdict if it is are we supposed to go through that kind of a mental exercise so under that particular hypothetical i don't think that would be enough to affirm your honor the reason i say it is because the government has to prove by a propos excuse me by beyond a reasonable doubt that the crime was actually committed when that case i think he's saying the jury found that that standard has been met but i don't think this court goes through that exercise because there are many other reasons that the jury could have acquitted the tara that have nothing to do with the sufficien look at the actual evidence the appellant haven't made much attempt to contest their own actions or their own knowledge or a few exceptions we address in the brief and i'm happy to go through those but their main argument is simply that sort stances of his trip by his own account he left his children home late on a monday night to take a three hour drive two and a half two hundred and twelve miles down to the border to meet an acquaintance he hadn't seen for two years he didn't fact read it then afaik it's you know they spend eighteen minutes there they do one minute of gambling half the time they spend on the phone with hair gone immediately after she's waved through the checkpoint and so the reasonable inf is that they're discussing the status of the checkpoints and then of course at the checkpoint eve engages in suspicious behavior and more importantly tells outright lies lies about lopez's status or lies about having present to the california driver's licen evidence proves that beyond a reasonable doubt so the fact that there was a enough evidence to show a completed crime shows that ramirez and eragon could be convicted of aiding and abetting that crimes the inconsistency is neither here nor there under this course cases in the supreme court cases now i think the strongest of my friends on the other side's argument to be that in those cases were citing you in some way explain the inconsistency but of course that's not what the binding holding say they say that despite inconsistency you can affirm and in many of the cases you can't explain the inconsistency in any logical way so because again the jury has an under review will power to acquit for improper reasons we only look at whether there's sufficient evidence and here there was now if the court really does want to avoid of the supplemental excerpts of record the government argued this not only in response to the will twenty nine motion but it then outlines the theory before the jury in closing arguments it says st to tara  the only thing that matters is that the jury was properly instructed and here is undisputed that it was you can see those instructions of page one hundred and fifty seven thousand one hundred and fifty eight the record and that the evidence suffice as long as those who conditions are met the jury was have a rd theory that for causing theory i'm happy to rest on a brief for that i am happy to answer questions on how the court has also happened to address questions on the other three issues in this case but again happy to rest on the