Floyd Raymond, Looker, Sui Juris
c/o General Delivery
Nettie [zip code exempt]
WEST VIRGINIA

In Propria Persona

Under Protest, Necessity, and
by Special Visitation Only






                  UNITED STATES DISTRICT COURT

               NORTHERN DISTRICT OF WEST VIRGINIA


UNITED STATES OF AMERICA, [sic]  )  Criminal No. 5:96-CR-40
                                 )
          Plaintiff, [sic]       )  NOTICE OF WITHDRAWAL AND
                                 )  FORMAL WITHDRAWAL OF PLEA;
     v.                          )  NOTICE OF OBJECTION AND
                                 )  FORMAL OBJECTION TO MISNOMER
FLOYD RAYMOND LOOKER, a/k/a RAY, )  NOMME DE GUERRE UNDER COLOR
JAMES M. JOHNSON, a/k/a J.J. and )  OF UNCONSTITUTIONAL FEDERAL
IMAM A. LEWIS, [sic]             )  STATUTES:
                                 )  "12 U.S.C. 95(a)-(b)";
          Defendants. [sic]      )  "Trading with the Enemy Act",
_________________________________)  as amended to date


COMES NOW  Floyd Raymond,  Looker, Sui  Juris,  Citizen  of  West

Virginia  state  and  Defendant  in  the  above  entitled  matter

(hereinafter  "Defendant"),  to  provide  formal  Notice  to  all

interested party(s) of His decision, declared notoriously hereby,

formally to  withdraw the  Plea of "Not Guilty" which was entered

unlawfully on  His behalf,  and over His vocal objections, by the

alleged  "Magistrate"  during  the  alleged  "arraignment"  which

occurred on December 2, 1996, in the above entitled case.


   Notice of Withdrawal of Plea and Protest of Nomme de Guerre:
                           Page 1 of 4


     Defendant  also  hereby  makes  His  formal  objection,  and

provides formal  Notice  of  same  to  all  interested  party(s),

protesting the  unlawful use of a Nomme de Guerre ("Name of War")

falsely to  identify Defendant  in place  of His  true  Christian

appellation.   Said mistaken identification is a "misnomer" which

can be,  and herein  is, lawfully  abated by means of the instant

Notices, made  under formal protest and with explicit reservation

of all  fundamental Rights  expressly guaranteed  to Defendant by

the Constitution  for the  United States  of America, as lawfully

amended (hereinafter "U.S. Constitution").  See Supremacy Clause;

and Article III, Section 3, Clause 1, to wit:

     Treason against  the United States [sic], shall consist only
     in levying  War against  them [sic], or in adhering to their
     Enemies, giving them [sic] Aid and Comfort.

                                                 [emphasis added]


     Defendant hereby  also makes  His notorious  protest of  the

presence in  the Article IV territorial "arraignment" tribunal of

a gold-fringed  American flag,  which is  evidence further still,

above and  beyond the  Plaintiffs' misuse of an unlawful Nomme de

Guerre, of  martial rule imposed unlawfully upon, and without the

consent of,  the Sovereign People, of which Defendant is a Member

in good standing by virtue of His birth.  See Right of Election.

     Defendant  hereby   denies  the   existence  of   any  valid

contracts, either  verbal or written, either expressed or implied

in fact,  whereby He  might have  waived any  of His  fundamental

Rights secured by the federal and state constitutions.

     Waivers of  fundamental Rights will never be presumed, ever.

See Ohio  Bell v.  Public Utilities  Commission,  301  U.S.  292.

Waivers of  fundamental Rights  must be knowing, intentional, and

voluntary acts,  done with  sufficient awareness  of the relevant

circumstances and  likely consequences.   See  Brady v. U.S., 397

U.S. 742  at 748  (1970).   Deprivation  of  fundamental  rights,

privileges, or  immunities secured  by the U.S. Constitution is a

criminal violation of 18 U.S.C. 242.  See also 18 U.S.C. 241.


   Notice of Withdrawal of Plea and Protest of Nomme de Guerre:
                           Page 2 of 4


     A practice  condemned by the Constitution cannot be saved by
     historical acceptance and present convenience.

                    [U.S. v. Woodley, 726 F.2d 1328, 1338 (1983)]
                                                 [emphasis added]


     It is  obviously correct  that no  one acquires  a vested or
     protected right  in violation  of the  Constitution by  long
     use, even  when that span of time covers our entire national
     existence and indeed predates it.

                       [Walz v. Tax Commission of New York City,]
                       [397 U.S. 664, 678 (1970), emphasis added]


     The custom  of continuing  arbitrary emergency declarations,

so as to effect the appearance of an unbroken state of emergency,

has the  unavoidable  consequence  of  levying  War  against  the

several States  of the Union and is, therefore, unconstitutional.

See 12 U.S.C. 95(a), (b); Art. III, Sec. 3, Cl. 1; 18 U.S.C. 242.


                          VERIFICATION

     The Defendant  hereby verifies,  under penalty  of  perjury,

under the  laws of  the United  States of  America,  without  the

"United States",  without waiving  any  Rights,  that  the  above

statements of  fact are  true and  correct, to  the best  of  His

current information,  knowledge, and  belief,  so  help  Me  God,

pursuant to 28 U.S.C. 1746(1).


Executed on:  _________________________________


/s/ Ray Looker

Floyd Raymond, Looker, Sui Juris
Citizen of West Virginia state


Executed on December 11, 1996:


/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
and Counselor at Law


   Notice of Withdrawal of Plea and Protest of Nomme de Guerre:
                           Page 3 of 4


                        PROOF OF SERVICE

I, Paul  Andrew,  Mitchell,  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 WITHDRAWAL AND FORMAL WITHDRAWAL OF PLEA;
      NOTICE OF OBJECTION AND FORMAL OBJECTION TO MISNOMER
         NOMME DE GUERRE UNDER COLOR OF UNCONSTITUTIONAL
            FEDERAL STATUTES:  "12 U.S.C. 95(a)-(b)";
         "Trading with the Enemy Act" as amended to date

by placing one true and correct copy of said document(s) in first

class U.S.  Mail, with  postage prepaid and properly addressed to

the following:


Office of the United States Attorney
Federal Building
Wheeling
WEST VIRGINIA

Clerk of Court
United States District Court
Wheeling
WEST VIRGINIA

Attorney General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA

Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA


Executed on December 11, 1996:


/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel of Record in Fact


   Notice of Withdrawal of Plea and Protest of Nomme de Guerre:
                           Page 4 of 4


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U.S.A. v. Looker