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