MEMO

TO:       Maureen Watz, Deputy Clerk
          U.S. Court of Appeals for the Eighth Circuit
          514 North Robert Street, Room 500
          St. Paul, Minnesota state

FROM:     Paul Andrew, Mitchell, B.A., M.S.
          Counselor at Law

DATE:     May 1, 1997

SUBJECT:  U.S.A. v. Gilbertson


Hello Maureen,

I am  writing to  you under  a limited  authorization by Mrs. Jan
Gilbertson, spouse  of Everett  C. Gilbertson, to inform you, and
the Eighth  Circuit in general, of Mr. Gilbertson's plans in this
case.


Motion for Rehearing En Banc

We fully  intend to  prepare and  submit, under  Mr. Gilbertson's
signature, a  MOTION FOR REHEARING EN BANC, proceeding In Propria
Persona.   The research  for this  Motion is  presently  awaiting
delivery of  the Circuit  Court's ORDER  denying the  Defendant's
MOTION  FOR   RELEASE  PENDING  APPEAL,  and  completion  of  the
transcript for  the sentencing hearing which was had on April 21,
1997.   You will  note that this latter transcript was not ready,
for reasons  which are  unknown to  me at this time, when we were
drafting Mr. Gilbertson's MOTION FOR RELEASE to the 8th Circuit.


Full Appeal under Final Judgments Act

We are  now proceeding on the basis of our understanding that the
Eighth Circuit Court of Appeals has jurisdiction, pursuant to the
Final Judgments  Act and the formal NOTICE OF APPEAL which is now
a matter of record.  I have been counseling Mrs. Gilbertson about
the clerical matters which she and Mr. Gilbertson can anticipate,
as a  matter of  routine judicial  procedure.   I am  told that a
briefing schedule  has either  been mailed,  or is  ready  to  be
mailed, in  this matter.   If  my understanding is not correct in
this regard,  I would  appreciate a  telephone call,  or fax,  to
inform me  of the  latest status of the briefing schedule in this
case.  My telephone numbers are listed at the end of this memo.

On behalf  of Mrs.  Jan Gilbertson, please allow me to express my
appreciation to  you for all the kindness and consideration which
you have  shown to her to date.  As a nearly complete novice with
federal court  procedure, Jan  has bravely  jumped in  with  both
feet, and  I know for a fact that she is most thankful to you for
the patience you have shown to her thus far.

In closing,  please make  sure that the Chief Judge of the Eighth
Circuit has an opportunity to see this letter, as a courtesy.

Thank you again for your consideration.


Sincerely yours,

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell Avenue, #1776
Tucson 85719/tdc
ARIZONA STATE, USA

email:    supremelawfirm@yahoo.com

website:  http://supremelaw.com

copies:   Mrs. Jan Gilbertson
          Chief Judge, Eighth Circuit


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U.S.A. v. Gilbertson, District Court