Charles R. Pixley, Sui Juris Citizen of New York state c/o general delivery Rochester [zip code exempt] NEW YORK STATE In Propria Persona Under Protest and Without Prejudice By Special Visitation Only UNITED STATES COURT OF APPEALS SECOND CIRCUIT UNITED STATES OF AMERICA [sic], ) Case Number 96-1476 ) Plaintiffs/Appellees, ) NOTICE OF MOTION AND MOTION TO ) STAY MANDATE AND PROCEEDINGS, v. ) PENDING DISCOVERY OF DOCUMENTS ) REQUESTED UNDER THE FOIA, AND CHARLES R. PIXLEY [sic], ) FINAL RESOLUTION OF CHALLENGE ) TO CONSTITUTIONALITY OF THE Defendant/Appellant. ) JURY SELECTION AND SERVICE ACT: ) FRAP Rule 8; FRCrP Rule 38; ) 5 U.S.C. 552(a)(4)(B); and ________________________________) 28 U.S.C. 1631, 1746(1), 1867 COMES NOW Charles R. Pixley, Sui Juris, Citizen of New York state, expressly not a citizen of the United States ("federal citizen"), federal witness, and Defendant in the above entitled case (hereinafter "Appellant"), to move this honorable Court, pursuant to Rule 8 of the Federal Rules of Appellate Procedure, and Rule 38 of the Federal Rules of Criminal Procedure, for indefinite stays of mandate and of further proceedings, pending formal discovery of newly found evidence, recently and properly requested under the Freedom of Information Act ("FOIA"), and of facts and laws which constitute probable cause for Appellant to challenge the constitutionality of the Jury Selection and Service Act ("JSSA") as applied in the instant case; and to provide formal Notice of same to all interested party(s). Motion to Stay Proceedings Pending Discovery/Disposition of JSSA: Page 1 of 6 Pursuant to Rule 201(d) of the Federal Rules of Evidence, Appellant hereby demands mandatory judicial notice, and provides formal Notice to all interested party(s), of Appellant's FOIA requests recently submitted to the United States (federal government), copies of which are attached hereto and incorporated by reference, as if set forth fully herein. Said FOIA requests seek, inter alia, certified copies of the regulations, promulgated in the CFR pursuant to the Federal Register Act, for the federal criminal statutes at 18 U.S.C. sections 371 and 3231. Appellant herein testifies to the fact that the Parallel Table of Authorities and Rules [sic] does not evidence any corresponding regulation(s) for said statutes. Appellant also has reason to believe that, based on information received from Appellant's new Counsel, said Parallel Table is not a complete and exhaustive list of all regulations which have been promulgated for the criminal statutes currently codified in Title 18 of the United States Code ("U.S.C."). Appellant therefore concludes that the FOIA is an appropriate statutory mechanism by which to compel either disclosure of the regulations which have been promulgated for the statutes in question, or formal admission that the regulations in question do not exist. See 44 U.S.C. 1505(a) for the general applicability and legal effect of federal statutes which have no corresponding regulations. Under the FOIA, Appellant is under no legal obligation to demonstrate either relevance or materiality of the documents requested. Nevertheless, the existence of regulations for the statutes at 18 U.S.C. 371, 18 U.S.C. 3231, and 28 U.S.C. 1861 et seq. is a question which bears directly upon the jurisdiction of the lower United States District Court ("USDC"), if any, over the subject matter of the instant case. Subject matter jurisdiction can be raised at any time, even via Habeas Corpus petitions after conviction and execution of judgment. See U.S. v. Anderson, 60 F.Supp. 649 (D.C. Wash., 1945). Motion to Stay Proceedings Pending Discovery/Disposition of JSSA: Page 2 of 6 The regulations for the JSSA are also particularly pertinent in light of Appellant's recent discovery (within the last 7 days) that the JSSA is demonstrably unconstitutional for exhibiting prohibited discrimination against the class of People known as Citizens of the several states who are not also federal citizens, by Right of Election. Confer at "Right" and "Election" in Black's Law Dictionary, Sixth Edition (with pronunciations); also "Right/Constitutional Rights/Political rights" in Black's supra. See Article I, Section 2, Clause 2; Article I, Section 3, Clause 3; and Article II, Section 1, Clause 5, in the Constitution for the United States of America, as lawfully amended ("U.S. Constitution"); International Covenant on Civil and Political Rights; Universal Declaration of Human Rights, enacted with explicit Reservations by the U.S. Congress. Pursuant to the Full Faith and Credit Clause in the U.S. Constitution, and Rule 201(d) of the Federal Rules of Evidence, Appellant hereby demands this honorable Court to take mandatory, formal judicial notice of the OPENING BRIEF recently filed on June 18, 1997, in the cases U.S.A. [sic] v. Gilbertson and Gilbertson v. U.S. et al., #97-2099-MNST, in the U.S. Court of Appeals for the Eighth Circuit ("8th Circuit"). A true and correct copy of Gilbertson's OPENING BRIEF is attached hereto and incorporated by reference, as if set forth fully herein. Motion to Stay Proceedings Pending Discovery/Disposition of JSSA: Page 3 of 6 Appellant argues that the unsettled constitutionality of section 1865(b)(1) of the JSSA, as applied in the instant case, constitutes sufficient probable cause to stay the instant proceedings until final review of this challenge is had, either here, at the 8th Circuit, or at the U.S. Supreme Court. REMEDIES REQUESTED Wherefore, all premises having been duly considered, Appellant respectfully requests indefinite stays of mandate and of the instant proceedings, pending formal discovery of documents requested under the FOIA, and final resolution of the constitutionality of section 1865(b)(1) of the JSSA, as recently challenged before the 8th Circuit, which challenge Appellant likewise brings now before this honorable Court. Thank you very much for your consideration. VERIFICATION I, Charles R. Pixley, Sui Juris, Citizen of New York state, federal witness, and expressly not a federal citizen, hereby verify, under penalty of perjury, under the laws of the United States of America, without the United States (federal government), that the above statement of laws and facts is true and correct, according to the best of My current information, knowledge, and belief, so help Me God, per 28 U.S.C. 1746(1). Executed on June 25, 1997 Respectfully submitted, /s/ Charles R. Pixley ______________________________________________ Charles R. Pixley, Sui Juris Citizen of New York state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Motion to Stay Proceedings Pending Discovery/Disposition of JSSA: Page 4 of 6 PROOF OF SERVICE I, Charles R. Pixley, 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 STAY MANDATE AND PROCEEDINGS, PENDING DISCOVERY OF DOCUMENTS REQUESTED UNDER THE FOIA, AND FINAL RESOLUTION OF CHALLENGE TO CONSTITUTIONALITY OF THE JURY SELECTION AND SERVICE ACT: FRAP Rule 8; FRCrP Rule 38; 5 U.S.C. 552(a)(4)(B); and 28 U.S.C. 1631, 1746(1), 1867 by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to: Attorney General Michael A. Telesca Department of Justice United States District Court 10th & Constitution, N.W. 100 States Street Washington [zip code exempt] Rochester [zip code exempt] DISTRICT OF COLUMBIA NEW YORK STATE Solicitor General William H. Moore, Esq. Department of Justice Attorney to Appellant (former) 10th & Constitution, N.W. 910 East Victory Drive Washington [zip code exempt] Savannah [zip code exempt] DISTRICT OF COLUMBIA GEORGIA STATE Christopher Taffe Hoffman Stone United States Attorneys Attorney at Law 620 Federal Building Midtown Plaza, Suite 1600 Rochester [zip code exempt] Rochester [zip code exempt] NEW YORK STATE NEW YORK STATE [See USPS Publication #221 for addressing instructions.] Dated: ______________________________________ /s/ Charles R. Pixley ______________________________________________ Charles R. Pixley, Sui Juris Citizen of New York state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Motion to Stay Proceedings Pending Discovery/Disposition of JSSA: Page 5 of 6 APPELLANT'S OPENING BRIEF U.S.A. v. Gilbertson Gilbertson v. United States et al. 8th Circuit #97-2099-MNST Filed in St. Louis, Missouri state on June 18, 1997 (incorporated by reference) Motion to Stay Proceedings Pending Discovery/Disposition of JSSA: Page 6 of 6 # # #
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U.S.A. v. Pixley