What matters in satisfying the government's burden of proof in a criminal case?

What matters in satisfying the government's burden of proof in a criminal case is not objective reality nor defendant's personal belief, but the evidence the government presents in court. No competent prosecutor would be surprised, based on what he thinks defendant should know, to find defense counsel poking holes in the government's case. The argument is without merit, yet the government made it before the district court, and again on appeal. See United States v. Kojayan, 8 F.3d 1315, 1320, 1322 (9th Cir. 1993) (we expect the government on appeal not to repeat specious arguments line prosecutors make in the heat of the moment).