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