Time: Sat May 10 00:31:06 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id TAA06021; Fri, 9 May 1997 19:17:38 -0700 (MST) by usr01.primenet.com (8.8.5/8.8.5) with SMTP id TAA00147; Fri, 9 May 1997 19:13:56 -0700 (MST) Date: Sat, 10 May 1997 00:30:35 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLF: Motion to Correct Sentencing Transcript [This text is formatted in Courier 11, non-proportional spacing.] Everett C. Gilbertson, Sui Juris c/o General Delivery Minneapolis [zip code exempt] MINNESOTA STATE In Propria Persona Under Protest and by Special Visitation UNITED STATES COURT OF APPEALS EIGHTH CIRCUIT UNITED STATES OF AMERICA [sic], ) Case No. 97-2099-MNST ) Plaintiff [sic]/ ) USDC Minneapolis #CR-4-96-65 Appellee, ) DCUS Minneapolis #4-96-65 v. ) ) NOTICE OF MOTION AND EVERETT C. GILBERTSON [sic], ) MOTION TO CORRECT TRANSCRIPT ) OF SENTENCING HEARING: Defendant [sic]/ ) Appellant. ) Rule 201(d), Federal ) Rules of Evidence ) ________________________________) COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota state, expressly not a citizen of the United States ("federal citizen"), and Appellant in the above entitled matter (hereinafter "Appellant"), to provide formal Notice to all interested party(s), and respectfully to request both mandatory notice and leave of this honorable Court to correct the Reporter's Transcript ("RT") of Appellant's sentencing hearing which was had in the United States District Court ("USDC"), District of Minnesota, on April 21, 1997. To this end, Appellant itemizes infra the corrections which Appellant has identified as needing to be made in the permanent record of the instant case. Motion to Correct Transcript of Sentencing Hearing: Page 1 of 8 Appellant also attaches the corrected RT of said sentencing hearing, and also the documents from which Appellant was reading out loud at said sentencing hearing, and incorporates the same, as if all were set forth fully herein. CORRECTIONS RT 2:10 "I'm entering the court especially on a protest" [sic] should be: RT 2:10 "I'm entering this Court expressly under protest" RT 2:13 "Mr. Rosenbaum is now has an adverse interest in this case to the First and Tenth Amendment petition" [sic] should be: RT 2:13 "Mr. Rosenbaum now has an adverse interest in this case, due to the First and Tenth Amendment petition" RT 2:19 "He now wears boxing gloves in this contest, which is a different neutral referee should be appointed" [sic] should be: RT 2:19 "He now wears boxing gloves in this contest, and a different neutral referee must be appointed" RT 3:15 "Further, my appearance which I might give of moving this Court" [sic] should be: RT 3:15 "Furthermore, any appearance which I might give of 'moving' this Court" RT 3:23 "and/or a requesting any specific relief" [sic] should be RT 3:23 "and/or of 'requesting' any specific relief" RT 3:25 "whether present or not. In light of the proven lack of jurisdiction" [sic] should be RT 3:25 "whether present or not, in light of the proven lack of jurisdiction" RT 10:9 "Judge Alex Gazinski" [sic] should be RT 10:9 "Judge Alex Kozinski" / / / Motion to Correct Transcript of Sentencing Hearing: Page 2 of 8 RT 16:6 "therefore he has irreconcilable conflict of interests" [sic] should be RT 16:6 "Therefore, he has an irreconcilable conflict of interest" RT 18:9 "Mr. Scott actually filing that unauthorized was a breach of ethics" [sic] should be RT 18:9 "Mr. Scott's action in filing that unauthorized pleading was a breach of ethics" RT 18:17 "Johnson v. Serbs, 10304 United States 458 at 468" [sic] should be RT 18:17 "Johnson v. Zerbst, 304 U.S. 458 at 468 RT 18:22 "Johnson v. Serbs, Supra" [sic] should be RT 18:22 "Johnson v. Zerbst supra" RT 19:9 "other crucial documents requested. Such as the regulations which have been published in the federal register" [sic] should be RT 19:9 "other crucial documents requested, such as the regulations which have been published in the Federal Register" RT 19:13 "a blanket fully exemption to the entire judicial branch" [sic] should be RT 19:13 "a blanket FOIA exemption to the entire judicial branch" RT 20:2 "Carmen v. Bowen, 64 Atlantic 932, 1906" [sic] should be RT 20:2 "Carmine v. Bowen, 64 Atlantic 932 (1906)" RT 20:4 "U.S. v. Tweel (phonetic sp.), 550 F.2d 297 at 299, 1977" [sic] should be RT 20:4 "U.S. v. Tweel, 550 F.2d 297, 299 (1977)" RT 20:7 "namely citizens of Minnesota state who are not also citizens of the United States" [sic] should be RT 20:7 "namely, Citizens of Minnesota state who are not also citizens of the United States" Motion to Correct Transcript of Sentencing Hearing: Page 3 of 8 RT 21:14 "Title 18 U.S.C. of the Internal Revenue Code" [sic]should be RT 21:14 "Title 18, United States Code, and of the Internal Revenue Code" RT 21:21 "their silence activates estoppel. And also constitutes fraud upon me, see Tweel and Carmen Supra" [sic] should be RT 21:21 "their silence activates estoppel, and it also constitutes a fraud upon Me. See Tweel and Carmine supra" RT 21:25 "probable cause to complain that to charge all government actors associated with this case, whether present or not with fair treatment and other applicable criminal violations of the law of Minnesota state especially specifically because these actors have not proven as a matter of record that they are indeed federal employees" [sic] should be RT 21:25 "probable cause to complain and to charge all government actors associated with this case, whether present or not, with barratry and other applicable criminal violations of the laws of Minnesota state, specifically because these actors have not proven, as a matter of record, that they are, indeed, federal employees" RT 23:3 "They are jointly and civilly liable to me for multiple violations of Title 18 and also laws which remain unspecified at the present time. Rankin v. Howard at 633 at F.2d 844, and Ninth Circuit, 1980" [sic] should be RT 23:3 "They are, therefore, jointly and severally liable to Me for multiple violations of Title 18, and also pertinent state laws which remain unspecified at the present time. See Rankin v. Howard, 633 F.2d 844 (9th Cir. 1980)" RT 23:9 "Bradley v. Fisher, 13 Wall 335, 20L Edition 646, 1872; Davis v. Burris, 51 Arizona 22075, page -- P, Pacific 2d6 89, 1938; and Gregory v. Thompson, 500 F.2d 59, CA Arizona, 1974. Numerous other authorities in this case." [sic] should be RT 23:9 "Bradley v. Fisher, 13 Wall. 335, 20 L.Ed 646 (1872); Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938); Gregory v. Thompson, 500 F.2d 59 (C.A. Ariz. 1974). Numerous other authorities can be provided to the government actors in this case." / / Motion to Correct Transcript of Sentencing Hearing: Page 4 of 8 RT 24:2 "which do contain explicit liability provisions with respect to other taxes. For example, petroleum refiners and alcohol distillers." [sic] should be RT 24:2 "which do contain explicit liability provisions with respect to other taxes, for example, petroleum refiners and alcohol distillers." RT 24:7 "And also the Jury Selection and Service Act I have already explained to this Court and filed pleading" [sic] should be RT 24:7 "And also the Jury Selection and Service Act. I have already explained to this Court, in a filed pleading" RT 24:14 "I am entitled to a hearing to reconsider by pivotal challenge to the constitutionality of the Juror Selection Act. For exhibiting class discrimination" [sic] should be RT 24:14 "I am entitled to a hearing, to reconsider My pivotal challenge to the Jury Selection and Service Act, for exhibiting class discrimination" RT 24:19 "I reference here LeGuardia v. Board of Registers, 160 Ala. 15548S, 788, 791, 1909, in particular." [sic] should be RT 24:19 "I reference here Gardina v. Board of Registrars, 160 Ala. 155, 48 S. 788, 791 (1909) in particular." RT 24:21 "Moreover, I demand that this Court prepare proper and timely findings of fact and conclusions of law in the matter of my challenge to the Jury Selection Act. By Jury Selection Service Act, by way of perfecting the case filed for appeal which I plan and fully intend to bring in the instant case on final judgment or upon leave to appeal interlocutory orders." [sic] should be RT 24:21 "Moreover, I demand that this Court prepare proper and timely Findings of Fact and Conclusions of Law in the matter of My challenge to the Jury Selection and Service Act, by way of perfecting the case file for the appeal which I plan, and fully intend, to bring in the instant case, on final judgment or upon leave to appeal interlocutory order(s)." RT 25:10 "My use of the phrase under protest during this proceeding in case" [sic] should be RT 25:10 "My use of the phrase 'Under Protest' during this proceeding indicates" / Motion to Correct Transcript of Sentencing Hearing: Page 5 of 8 RT 25:13 "absent any valid commercial agreements which is in force" [sic] should be RT 25:13 "absent a valid commercial agreement which is in force" RT 25:18 "whether cited in here in or not, that my explicit reservation of rights was served notice upon all agencies of government of the remedy they must provide for me in Article 1, Section 207 of the Uniform Commercial Code, whereby I have explicitly reserved my common law right not be excelled to perform" [sic] should be RT 25:18 "whether cited herein or not; that My explicit reservation of Rights has served notice upon ALL agencies of government of the 'Remedy' they must provide for Me under Article 1, Section 207, of the Uniform Commercial Code, whereby I have explicitly reserved My Common Law Right not to be compelled to perform" INCORPORATION OF SOURCE DOCUMENTS Appellant attaches the following documents: (1) a true and correct copy of the document entitled "Allocution at Sentencing Hearing scheduled for April 21, 1997, U.S.A. v. Gilbertson, United States District Court, District of Minnesota, Fourth Division, Case Number #CR-4-96-65," from which document Appellant read aloud at said sentencing hearing; (2) a true and correct copy of the document entitled "URGENT MEMO TO: Everett C. Gilbertson ... FROM: Paul Andrew Mitchell ... DATE: April 21, 1997 ... SUBJECT: Anti-Kickback Act of 1986," which document the USDC ordered to be filed in the official record of the instant case; and, (3) a true and correct photocopy of the RT of said sentencing hearing; and incorporates the same by reference as if all were set forth fully herein. REMEDY REQUESTED Appellant hereby requests leave to incorporate all corrections itemized supra into the official record of the instant case, and to require mandatory judicial by all interested party(s), and by this honorable Court, pursuant to Rule 201(d) of the Federal Rules of Evidence, of said corrections and documents. Motion to Correct Transcript of Sentencing Hearing: Page 6 of 8 VERIFICATION I, Everett C. Gilbertson, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statement of facts is true and correct, to the best of My current information, knowledge, and belief, so help Me God, per 28 U.S.C. 1746(1). Dated: ______________________________ Respectfully submitted, _____________________________________ Everett C. Gilbertson, Sui Juris Citizen of Minnesota state (expressly not a citizen of the United States) All Rights Reserved without Prejudice Motion to Correct Transcript of Sentencing Hearing: Page 7 of 8 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 OF MOTION AND MOTION TO CORRECT TRANSCRIPT OF SENTENCING HEARING: Rule 201(d), Federal Rules of Evidence 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: Attorney General James M. Rosenbaum Department of Justice United States District Court 10th & Constitution, N.W. 110 South Fourth Street Washington [zip code exempt] Minneapolis [zip code exempt] DISTRICT OF COLUMBIA MINNESOTA STATE Solicitor General Henry Shea Department of Justice United States Attorneys 10th & Constitution, N.W. 110 South Fourth Street Washington [zip code exempt] Minneapolis [zip code exempt] DISTRICT OF COLUMBIA MINNESOTA STATE Dated: __________________________________ __________________________________________ 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. Motion to Correct Transcript of Sentencing Hearing: Page 8 of 8 # # #
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