That was Stillinger's argument,I am not convinced that the argument is correct. Even if correct, I think it is harmless error rather than reversible error. The fact that ODA received immunity for his testimony was presented to the jury, I think will be enough for the 5th circuit to find harmless rather reversible error. Just MHO, but I would still include the argument in the brief, plus it does kind of dovetail with the exclusion of evidence argument for the 2nd drug smuggling incident. It may be a winner, as I have stated earlier , you never what an appellate court will hang their hat on.