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