Time: Fri Dec 12 10:31:04 1997 To: liberty-and-justice@pobox.com From: Paul Andrew Mitchell [address in tool bar] Subject: Gilbertson/Mitchell (Mr. "Federal Zone") Appeal Cc: Bcc: References: 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The following recent unpublished decision is interesting only because 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[UNPUBLISHED] 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 >> >>================================================================ >> >> > >ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ-ÿ >Unsub info - send e-mail to majordomo@majordomo.pobox.com, with >"unsubscribe liberty-and-justice" in the body (not the subject) >Liberty-and-Justice list-owner is Mike Goldman <whig@pobox.com> > >
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