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 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,
/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
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: __________________________________
/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.
Motion to Correct Transcript of Sentencing Hearing:
Page 8 of 8
# # #
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U.S.A. v. Gilbertson, District Court