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 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 INTENT TO PETITION EVERETT C. GILBERTSON [sic], ) FOR REHEARING EN BANC AND ) REQUEST FOR EXTENSION OF TIME: Defendant [sic]/ ) Rules 201(d), 301, 302, Appellant. ) Federal Rules of Evidence; ) Local Rule 40A(b)(2) and ) Rule 40(a), Federal Rules of ________________________________) Appellate Procedure, 8th Cir. 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 to demand mandatory judicial Notice by this honorable Court, pursuant to Rules 201(d), 301, and 302 of the Federal Rules of Evidence, of Appellant's intent to petition this Court for a rehearing En Banc. Appellant does not intend to petition for rehearing as a matter of course. In support of this NOTICE OF INTENT, see local Rule 40A(b)(2) of the Federal Rules of Appellate Procedure, United States Court of Appeals for the Eighth Circuit, to wit: Intent to Petition for Rehearing En Banc/Request to Extend Time: Page 1 of 5 40A: PETITION FOR REHEARING BY PANEL (b) Petition for Rehearing. (2) TREATED AS PETITION FOR REHEARING EN BANC. On the request of any judge on the panel, a petition for rehearing by a panel will be treated as a petition for rehearing en banc. Every petition for rehearing en banc, however, shall automatically be deemed to include a petition for rehearing by the panel. [emphasis added] Appellant has received the ORDER of this Court, dated April 29, 1997, denying Appellant's MOTION FOR RELEASE PENDING APPEAL. Because said ORDER provides no explanation for this Court's denial of said MOTION, Appellant is left with no alternative but to presume that this Court has either overlooked, or misconstrued, several significant issues which have arisen in the instant case. Moreover, neither Appellant nor Appellant's Counsel have yet to receive a certified copy of the transcript of Appellant's sentencing hearing before the United States District Court ("USDC") on April 21, 1997. Appellant submits that said transcript will provide sufficient grounds to justify the release of Appellant, pending the outcome of the appeal in this case. For the benefit of this Court, Appellant attaches hereto a true and correct copy of the NOTICE AND DEMAND, dated May 2, 1997, from Appellant's Counsel to the court reporter who is responsible for completing the certified transcript of said sentencing hearing, and incorporates same as if set forth fully. Until such time as said transcript is available to Appellant and also to Appellant's Counsel, Appellant is deprived of evidence essential to prove that this honorable Court overlooked and misconstrued one or more significant issues. Intent to Petition for Rehearing En Banc/Request to Extend Time: Page 2 of 5 For example, Appellant submits that the existence of an adverse conflict of interest necessarily disqualified Mr. James M. Rosenbaum from presiding over Appellant's sentencing hearing, and over the subsequent hearing before Mr. James M. Rosenbaum to consider Appellant's MOTION FOR RELEASE PENDING APPEAL, which Motion was heard, and denied, on April 23, 1997, by the USDC. Accordingly, pursuant to FRAP Rule 40(a), Appellant hereby requests a routine extension of time to file Appellant's PETITION FOR REHEARING EN BANC, due to the unexpected delay in the completion of the court reporter's transcript of the sentencing hearing before the USDC on April 21, 1997. Specifically: (a) Time for Filing; Content; Answer; Action by Court if Granted. A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order or by local rule. [emphasis added] REMEDY REQUESTED Appellant respectfully requests this honorable Court to order a routine extension of time, until June 30, 1997, for Appellant to prepare and file a PETITION FOR REHEARING EN BANC, due to the unexpected and heretofore unscheduled delay in the availability of the reporter's transcript of Appellant's sentencing hearing before the United States District Court, District of Minnesota ("USDC"), on April 21, 1997. 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). Intent to Petition for Rehearing En Banc/Request to Extend Time: Page 3 of 5 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 Intent to Petition for Rehearing En Banc/Request to Extend Time: 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 OF INTENT TO PETITION FOR REHEARING EN BANC AND REQUEST FOR EXTENSION OF TIME: Rules 201(d), 301, 302, Federal Rules of Evidence; Rule 40(a), Federal Rules of Appellate Procedure; Local Rule 40A(b)(2), Federal Rules of Appellate Procedure for the Eighth Circuit 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: __________________________________ /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. Intent to Petition for Rehearing En Banc/Request to Extend Time: Page 5 of 5 # # #
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U.S.A. v. Gilbertson, District Court