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