Everett C. Gilbertson, Sui Juris
c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE

In Propria Persona

Under Protest and
by Special Visitation






                  UNITED STATES DISTRICT COURT

                      DISTRICT OF MINNESOTA

                         FOURTH DIVISION


UNITED STATES OF AMERICA [sic], )  Case No. CR-4-96-65
                                )
          Plaintiff [sic],      )  NOTICE AND DEMAND FOR
                                )  EXHIBITION OF CRIMINAL
     v.                         )  STATUTES, IN THE PARTICULAR
                                )
EVERETT C. GILBERTSON [sic],    )
                                )
          Defendant [sic].      )
________________________________)


COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state, expressly  not a  citizen of  the United  States ("federal

citizen") and Defendant in the above entitled matter (hereinafter

"Defendant"), to  provide formal Notice to all interest party(s),

and to  demand mandatory judicial Notice by this honorable Court,

pursuant to  Rule 201(d)  of the  Federal Rules  of Evidence,  of

this, Defendant's  NOTICE AND  DEMAND FOR  EXHIBITION OF CRIMINAL

STATUTES, IN THE PARTICULAR.  In a pleading entitled GOVERNMENT'S

POSITION WITH RESPECT TO SENTENCING, filed in the instant case on

March 5,  1997, by  Messrs. David L. Lillehaug and Henry J. Shea,

alleging to  be United  States Attorney  [sic] and Assistant U.S.

Attorney [sic], said pleading discusses the following:


     Notice and Demand for Exhibition of Criminal Statutes:
                           Page 1 of 5


     "...  [T]he   Presentence  Report's   proposed   two   level
     enhancement for  attempted obstruction of justice during the
     IRS [sic] investigation of his case.  The government submits
     that the  evidence at  trial clearly  showed threatening and
     intimidating  conduct   by  the   defendant  that   supports
     application of the enhancement.
                                                         [page 2]


Referring to  a "Constructive Notice" [sic] served upon Mr. Larry

Doss of the First National Bank, said pleading goes on to say the

following:

     ... [T]his  document, like  the others  sent by defendant to
     recipients of  IRS summons  for his records, was intended to
     threaten  and  intimidate  the  prospective  witnesses  from
     providing  material   information  to  the  IRS  during  its
     investigation of  defendant.   It further  was  intended  to
     obstruct  and   delay  that   case   investigation   through
     defendant's   intentional    misrepresentation   and   false
     statements regarding  the IRS  [sic], its  summons authority
     [sic], and the consequences of failure to obey a summons.

                                                         [page 3]


Further, said pleading also goes on to say the following:

     ... [D]efendant's  obstructive conduct  was not  limited  to
     third party recipients of IRS [sic] summons.  Defendant also
     directly attempted to intimidate IRS [sic] agents during the
     IRS's [sic] investigation of him.


     For the benefit of this honorable Court, and for the benefit

of all interested party(s), Defendant herein takes the liberty of

itemizing all "violations" alleged above, to wit:

     1.   obstruction of justice

     2.   threatening and intimidating conduct

     3.   threatening and intimidating prospective witnesses

     4.   obstruction and delay of an investigation

     5.   intentional misrepresentation and false statements


     It is  evident from said pleading that Messrs. Lillihaug and

Shea are  attempting to justify the application of "enhancements"

to the  sentencing guidelines.   In  their CONCLUSION, they state

the following:


     Notice and Demand for Exhibition of Criminal Statutes:
                           Page 2 of 5


     The Court  should sentence defendant at the highest level of
     his sentencing  guidelines range,  impose a reasonable fine,
     and order  defendant to  pay forthwith  all taxes, interest,
     and penalties due and owing the IRS.


     In a  pleading recently  filed by  Defendant entitled NOTICE

AND DEMAND  TO DISMISS  FOR LACK  OF  ANY  CRIMINAL  JURISDICTION

WHATSOEVER, Defendant  accurately quotes  the Advisory  Committee

Notes for  Rule 26,  Taking of Testimony, in the Federal Rules of

Criminal  Procedure,   1944  Adoption,  paragraph  2.    The  key

paragraph is repeated here, as follows:

     On the  other hand,  since all  Federal crimes are statutory
     and all  criminal prosecutions  in the  Federal  courts  are
     based on  acts of Congress, uniform rules of evidence appear
     desirable if  not essential  in criminal cases, as otherwise
     the same facts under differing rules of evidence may lead to
     a conviction in one district and to an acquittal in another.

                                                 [emphasis added]


     Defendant respectfully  requests this  honorable Court,  and

all interested  party(s), to  please take  formal notice that all

federal crimes  are statutory,  and all  criminal prosecutions in

the federal courts are based on lawful Acts of Congress.


         DEMAND FOR EXHIBITION OF STATUTES AND DEADLINE

     Accordingly, Defendant  now makes his lawful Demand upon the

office of  the United  States Attorney  to exhibit  the  specific

statute(s), by Title, Section, and/or other pertinent citation(s)

which exactly  identify  the  violations  alleged  to  have  been

committed by  Defendant, which allegations were made and filed in

the instant  case in  the GOVERNMENT'S  POSITION WITH  RESPECT TO

SENTENCING.   Said statutes  must be documented in writing, filed

in the official Court record of the instant case, and served upon

Defendant by  transmitting said documents in sealed envelopes via

first class  United States  Mail to  the following lawful mailing

location (see USPS Publication #221 for addressing instructions):


     Notice and Demand for Exhibition of Criminal Statutes:
                           Page 3 of 5


                Everett C. Gilbertson, Sui Juris
                      c/o General Delivery
                  Battle Lake [zip code exempt]
                         MINNESOTA STATE

no later  than 5:00 p.m. on Friday, April 4, 1997.  Failure to do

either (filing  and service)  will constitute  an open  admission

that the  requisite statutes  do not  exist, and  that the United

States (federal  government) is  forever  estopped  from  further

action(s) on  the alleged  "violations" for  having made libelous

statements in  this honorable  Court concerning alleged crimes of

which Defendant was never indicted, charged, arraigned, tried, or

convicted by  a  jury  of  Defendant's  Peers,  in  violation  of

Defendant's fundamental  guarantee of due process of law.  See 18

U.S.C. 242,  241, for  example;   as time  permits, Defendant may

discover other  criminal statutes  which apply  to  the  probable

libels which  Defendant believes He has now suffered at the hands

of Messrs. Lillihaug and Shea.



Dated: ______________________________


Respectfully submitted,

/s/ Everett C. Gilbertson
_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


     Notice and Demand for Exhibition of Criminal Statutes:
                           Page 4 of 5


                        PROOF OF SERVICE

I, Everett  C.  Gilbertson,  Sui  Juris,  hereby  certify,  under

penalty of  perjury, under  the laws  of  the  United  States  of

America, without the "United States," that I am at least 18 years

of age,  a Citizen  of one  of the  United States of America, and

that I personally served the following document(s):

                NOTICE AND DEMAND FOR EXHIBITION
            OF CRIMINAL STATUTES, IN THE PARTICULARS

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:


Henry Shea
United States Attorneys
110 South Fourth Street
Minneapolis [zip code exempt]
MINNESOTA STATE

Attorney General
Department of Justice
10th & Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA

Solicitor General
Department of Justice
10th & Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA


Dated:  _________________________________


/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


See USPS Publication #221 for addressing instructions.


     Notice and Demand for Exhibition of Criminal Statutes:
                           Page 5 of 5


                             #  #  #
      


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U.S.A. v. Gilbertson, District Court