Floyd Raymond, Looker, Sui Juris
c/o General Delivery
Nettie [zip code exempt]
WEST VIRGINIA

In Propria Persona

All Rights Reserved Without Prejudice







               DISTRICT COURT OF THE UNITED STATES

           NORTHERN JUDICIAL DISTRICT OF WEST VIRGINIA


Floyd Raymond, Looker,        )  Docket Nos. 5:96-CR-40
                              )              1:96-CR-41
          Plaintiff,          )              1:96-CR-42
                              )              1:96-CR-43
     v.                       )
                              )  AFFIDAVIT OF NON-WAIVER
United States,                )  OF EXTRADITION:
and Does 1-99,                )  28 U.S.C. 1746(1);
                              )  Tenth Amendment;
          Respondents.        )  Rules 201(d), 301,
______________________________)  Federal Rules of Evidence


COMES NOW  Floyd Raymond,  Looker, Sui  Juris,  Citizen  of  West

Virginia  state  and  Plaintiff  in  the  above  entitled  matter

(hereinafter "Plaintiff"), to present this, His Affidavit of Non-

Waiver  of  Extradition  to  this  honorable  Court  and  to  all

interested  parties,  and  to  provide  notice  of  same  to  all

interested parties,  including all  Does both  named and  as  yet

unnamed.

            NOTICE TO PRINCIPALS IS NOTICE TO AGENTS.

            NOTICE TO AGENTS IS NOTICE TO PRINCIPALS.


              Affidavit of Non-Waiver of Extradition:
                          Page 1 of 6


                          VERIFICATION

     I, Floyd  Raymond, Looker,  Sui Juris, hereby certify, under

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

America,  without   the  "United   States",  that  the  following

statement is  true, correct, and not misleading, according to the

best of My current information, knowledge, and belief, so help Me

God, pursuant to 28 U.S.C. 1746(1):


             AFFIDAVIT OF NON-WAIVER OF EXTRADITION

     1.   I, Floyd  Raymond, Looker,  Sui Juris,  hereby certify,

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

America,  without   (outside)  the   "United   States"   (federal

government), that  I have never waived My fundamental Right to be

extradited out  of any  and all  foreign jurisdictions,  into  My

proper domestic  jurisdiction which is the state of West Virginia

(a Republic)  and the  Laws of  said Republic,  including but not

limited to  the Constitution for the United States of America, as

lawfully amended  (hereinafter "U.S. Constitution"), which is the

supreme Law  of My  Land, and  the Constitution of West Virginia,

and all laws enacted pursuant to those constitutions.

     2.   I have studied federal laws and applicable court cases,

and I now know that waivers of fundamental Rights, like the Right

of Extradition,  must be  knowingly intelligent  acts, done  with

sufficient awareness  of the  relevant circumstances  and  likely

consequences.   See Brady  v. U.S.  Such waivers must be knowing,

intentional,  and   voluntary,  in   order  to  be  construed  as

enforceable.


              Affidavit of Non-Waiver of Extradition:
                          Page 2 of 6


     3.   As against  this high  standard which  the U.S. Supreme

Court has  established for  any and  all waivers  of  fundamental

Rights, I can honestly and confidently say that I have never ever

waived My  fundamental Right,  under the  Tenth Amendment  to the

U.S. Constitution, to be extradited out of a foreign jurisdiction

such as exists under the Article IV territorial jurisdiction of a

United States District Court ("USDC").

     4.   It  was   in  such  a  territorial  court  that  I  was

unlawfully indicted  by a  biased grand jury of federal citizens,

for allegedly  violating federal  laws which  have no territorial

jurisdiction or  applicability outside  the federal zone.  See 18

U.S.C.  1513   in   pari   materia,   specifically,   "There   is

extraterritorial Federal  jurisdiction over an offense under this

section."   This explicit  extension of  Federal jurisdiction  is

conspicuously absent from the majority of other statutes codified

within Title 18, U.S.C., the federal criminal code.

     5.   After reading  and studying  the decision  of the  U.S.

Supreme Court  in the  case of  U.S. v.  Lopez, 131  L.Ed.2d  626

(1995), I  am now  entirely convinced  that the  Congress of  the

United States  has no  legislative authority to prohibit trade in

the  private   properties  which   I  am  unlawfully  accused  of

possessing and  distributing, even  if the State of West Virginia

does possess such legislative authority, and even if the Congress

does possess  similar authority  within the  federal zone.    See

"Conflict of  Laws" in  American  Jurisprudence.    The  Commerce

Clause authorizes Congress to regulate Commerce among the several

States;   it does  not authorize  Congress to  regulate  Commerce

among  the   inhabitants  of  the  several  States,  unless  said

inhabitants are  authorized officers, employees, or agents of the

corporate State governments.


              Affidavit of Non-Waiver of Extradition:
                          Page 3 of 6


     6.   Because of the Lopez case, I now have convincing reason

to believe  that, if Congress cannot prohibit the possession of a

loaded firearm  on public  school grounds,  then Congress  cannot

prohibit the  possession of  other private  properties within the

several States  of the  "Union" known  as the  "United States  of

America".   Confer at  "Union" and  "United States of America" in

Bouvier's Law Dictionary (1856).

     7.   With the  able assistance of My Counsel of Choice, Paul

Andrew, Mitchell,  B.A., M.S.,  I  have  executed  and  presented

pleadings to  the United  States District  Court "Under Protest",

which phrase  is exhibited  prominently on the face page of every

pleading filed  in said  court.  By using this phrase on the face

page of  every pleading,  I mean  to  convey  to  all  interested

parties the  fact that  I have  explicitly  reserved  all  of  My

fundamental Rights,  including the  Right of Extradition, without

prejudice to  any of  My fundamental Rights, and that My explicit

reservation of  all My  Rights has thus prevented the loss of any

such Rights  by application  of the  legal concepts  of waiver or

estoppel.

                       NOTICE OF DEADLINE

     This  Affidavit   is  specifically   intended  to  establish

presumptions of  controlling laws  and facts in the instant case.

Should other interested parties fail to rebut this Affidavit in a

timely manner, the statements of fact and law as contained herein

will become  the truth  of the  instant case  for all  time.  All

rebuttals must  be filed  in the  official record of the District

Court of  the United  States ("DCUS")  in the  instant case,  and

also served  on the  Plaintiff by  means of  first  class  United

States Mail directed to:

                Paul Andrew, Mitchell, B.A., M.S.
           Citizen of Arizona state, federal witness,
             Counselor at Law, and Counsel of Record
              c/o 2509 North Campbell Avenue, #1776
                      Tucson, Arizona state

no later than 5:00 p.m. on Friday, January 24, 1997.  Beyond that

deadline, the  doctrine of estoppel by acquiescence will prevail,

pursuant to  the authorities  in U.S.  v. Tweel,  quoting U.S. v.

Prudden, and Carmine v. Bowen.


Further Affiant Sayeth Naught.


              Affidavit of Non-Waiver of Extradition:
                          Page 4 of 6


Executed on ____________________________________

/s/ Ray Looker

Floyd Raymond, Looker, Sui Juris
Citizen of West Virginia state


Executed on December 23, 1996

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel to Plaintiff


              Affidavit of Non-Waiver of Extradition:
                          Page 5 of 6


                        PROOF OF SERVICE

I, Paul  Andrew,  Mitchell,  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):

             AFFIDAVIT OF NON-WAIVER OF EXTRADITION:
              28 U.S.C. 1746(1);  Tenth Amendment;
          Rules 201(d), 301, Federal Rules of Evidence

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

class U.S.  Mail, with  postage prepaid and properly addressed to

the following:


United States Attorney          Clerk of Court
Federal Building                District Court of the U.S.
c/o P.O. Box 591                c/o P.O. Box 471
Wheeling [zip code exempt]      Wheeling [zip code exempt]
WEST VIRGINIA                   WEST VIRGINIA

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

Chief Judge                     William H. Rehnquist, C.J.
4th Circuit Court of Appeals    Supreme Court of the U.S.
10th & Main Streets             1 First Street, N.E.
Richmond [zip code exempt]      Washington [zip code exempt]
COMMONWEALTH OF VIRGINIA        DISTRICT OF COLUMBIA


Executed on December 23, 1996


/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel to Plaintiff


              Affidavit of Non-Waiver of Extradition:
                          Page 6 of 6


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U.S.A. v. Looker