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Date: Fri, 12 Dec 1997 10:31:06 -0800
To: liberty-and-justice@pobox.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: L&J: Gilbertson/Mitchell (Mr. "Federal Zone") Appeal
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And so, we go to the U.S. Supreme Court
with these points, as I have predicted
all along. That is, provided that
Gilbertson chooses to do so. After being
brainwashed in federal prison, he is
not likely to do so.
/s/ Paul Mitchell,
Candidate for Congress
http://supremelaw.com
p.s. The dividing lines are becoming much
more clear, particularly when impostors
join these email lists, and pretend to be
concerned about freedom, when they are not.
At 09:22 AM 12/12/97 -0600, you wrote:
>You probably remember Dan Evans from his "Tax Protester FAQ".
>He has commented on Paul's brief.
>
>-----Original Message-----
>From: Dan Evans <evansdb@netaxs.com>
>Newsgroups: misc.taxes
>Date: Friday, December 12, 1997 9:11 AM
>Subject: Gilbertson/Mitchell (Mr. "Federal Zone") Appeal
>
>
>>The following recent unpublished decision is interesting only because
>>Gilbertson's brief to the Eighth Circuit was prepared by Paul Mitchell,
>>author of "The Federal Zone."
>>
>>For the full text of Gilbertson's brief, in all its sovereign citizen
splendor,
>>see http://supremelaw.com/library/usa_vs_gilbertson/opening.html
>>
>>As tax protestor arguments go, I would call Gilbertson's appeal
>>"successful" in the sense that he was not sanctioned for filing a
>>frivolous appeal, so at least he was no worse off than he started.
>>(Not all tax protestors can make that claim.)
>>
>>Dan Evans **********************
>>*This is not legal advice unless
>>*you agreed to pay for it.
>>*http://www.netaxs.com/~evansdb
>>
>>==========================================================
>>UNITED STATES OF AMERICA,
>>Appellee,
>>v.
>>EVERETT C. GILBERTSON,
>>Appellant.
>>
>>UNITED STATES COURT OF APPEALS
>>FOR THE EIGHTH CIRCUIT
>>
>>Submitted: November 28, 1997
>>
>>Filed: December 10, 1997
>>
>>APPEAL FROM THE UNITED STATES DISTRICT COURT
>>FOR THE DISTRICT OF MINNESOTA.
>>
>>[UNPUBLISHED]
>>
>>Before Wollman, Loken, and Hansen, Circuit Judges.
>>
>>PER CURIAM.
>>
>>[1] After a jury trial, Everett C. Gilbertson was convicted of filing
false tax returns in violation
>>of 26 U.S.C. section 7206(1). The district court /1/ sentenced him to 18
months in prison.
>>Gilbertson appeals, and we affirm.
>>
>>[2] We reject as completely meritless Gilbertson's argument that the
United States District
>>Court lacked jurisdiction over his prosecution for tax crimes. See United
States v. Watson, 1
>>F.3d 733, 734 (8th Cir. 1993) (per curiam) (in prosecution for fraudulent
tax returns, district
>>court had jurisdiction, because 18 U.S.C. section 3231 "provides district
courts with original
>>jurisdiction of all violations of federal law"; rejecting claim that
"free citizen" of Oklahoma was
>>not United States citizen); United States v. Gerads, 999 F.2d 1255, 1256
(8th Cir. 1993) (per
>>curiam) (federal income tax is not voluntary; rejecting appellants'
argument that "Free Citizens
>>of the Republic of Minnesota" were not United States citizens subject to
taxes), cert. denied,
>>510 U.S. 1193 (1994). Similarly meritless is Gilbertson's claim that the
federal jury statute
>>discriminates against Minnesota citizens like him who are not "federal
citizens."
>>
>>[3] As Gilbertson's under-reporting of income for the years 1991 and 1992
was clearly
>>prohibited by the statute under which he was convicted, we find no merit
to his generalized
>>argument regarding the vagueness of the Internal Revenue Code. See 26
U.S.C. section
>>7206(1); United States v. Kaylor, 877 F.2d 658, 661 (8th Cir.) (due
process requirements),
>>cert. denied, 493 U.S. 871 (1989). We further hold that Gilbertson has
failed to show any
>>extra-judicial source of bias to warrant the trial judge's recusal, and
that the district court
>>properly denied his motion for release pending appeal.
>>
>>[4] Because Gilbertson's arguments regarding freedom of information and
civil removal
>>statutes are unrelated to his criminal convictions, we do not address
those issues in this criminal
>>appeal.
>>
>>[5] Gilbertson's "Motion to Correct Transcript of Sentencing Hearing" is
denied, and the
>>judgement of the district court is affirmed.
>>
>>A true copy.
>>
>>Attest:
>>
>>CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
>>
>>FOOTNOTE
>>
>>/1/ The Honorable James M. Rosenbaum, United States District Judge for
the District of
>>Minnesota.
>>
>>END OF FOOTNOTE
>>
>>================================================================
>>
>>
>
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>
>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06
Tucson, Arizona state : state zone, not the federal zone 07
Postal Zone 85719/tdc : USPS delays first class w/o this 08
_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice. We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
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