Time: Sat May 10 00:53:05 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id TAA09988;
	Fri, 9 May 1997 19:32:12 -0700 (MST)
	by usr04.primenet.com (8.8.5/8.8.5) with SMTP id TAA28383;
	Fri, 9 May 1997 19:28:30 -0700 (MST)
Date: Sat, 10 May 1997 00:52:03 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLF: Motion to Correct Sentencing Transcript (correction)

[This text is formatted in Courier 11, non-proportional spacing.]


Everett C. Gilbertson, Sui Juris
c/o General Delivery
Minneapolis [zip code exempt]
MINNESOTA STATE

In Propria Persona

Under Protest and
by Special Visitation






                 UNITED STATES COURT OF APPEALS

                         EIGHTH CIRCUIT


UNITED STATES OF AMERICA [sic], ) Case No. 97-2099-MNST
                                )
          Plaintiff [sic]/      ) USDC Minneapolis #CR-4-96-65
          Appellee,             ) DCUS Minneapolis #4-96-65
     v.                         )
                                ) NOTICE OF MOTION AND
EVERETT C. GILBERTSON [sic],    ) MOTION TO CORRECT TRANSCRIPT
                                ) OF SENTENCING HEARING:
          Defendant [sic]/      )
          Appellant.            ) Rule 201(d), Federal
                                ) Rules of Evidence
                                )
________________________________)


COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state, expressly  not a  citizen of  the United  States ("federal

citizen"),  and   Appellant  in   the   above   entitled   matter

(hereinafter  "Appellant"),  to  provide  formal  Notice  to  all

interested party(s),  and respectfully  to request both mandatory

notice  and   leave  of  this  honorable  Court  to  correct  the

Reporter's Transcript  ("RT") of  Appellant's sentencing  hearing

which was  had in  the United  States  District  Court  ("USDC"),

District of Minnesota, on April 21, 1997.  To this end, Appellant

itemizes infra  the corrections which Appellant has identified as

needing to be made in the permanent record of the instant case.


Motion to Correct Transcript of Sentencing Hearing:  Page 1 of 8


     Appellant also  attaches the corrected RT of said sentencing

hearing, and  also the documents from which Appellant was reading

out loud  at said  sentencing hearing, and incorporates the same,

as if all were set forth fully herein.


                           CORRECTIONS


RT 2:10   "I'm entering the court especially on a protest" [sic]
should be:
RT 2:10   "I'm entering this Court expressly under protest"


RT 2:13   "Mr. Rosenbaum  is now  has an adverse interest in this
          case to the First and Tenth Amendment petition" [sic]
should be:
RT 2:13   "Mr. Rosenbaum  now has  an adverse  interest  in  this
          case, due to the First and Tenth Amendment petition"


RT 2:19   "He now wears boxing gloves in this contest, which is a
          different neutral referee should be appointed" [sic]
should be:
RT 2:19   "He now  wears boxing  gloves in  this contest,  and  a
          different neutral referee must be appointed"


RT 3:15   "Further, my  appearance which  I might  give of moving
          this Court"  [sic]
should be:
RT 3:15   "Furthermore, any  appearance which  I  might  give  of
          'moving' this Court"


RT 3:23   "and/or a requesting any specific relief" [sic]
should be
RT 3:23   "and/or of 'requesting' any specific relief"


RT 3:25   "whether present  or not.   In light of the proven lack
          of jurisdiction" [sic]
should be
RT 3:25   "whether present or not, in light of the proven lack of
          jurisdiction"


RT 10:9   "Judge Alex Gazinski" [sic]
should be
RT 10:9   "Judge Alex Kozinski"
/
/
/


Motion to Correct Transcript of Sentencing Hearing:  Page 2 of 8


RT 16:6   "therefore he has irreconcilable conflict of interests"
          [sic]
should be
RT 16:6   "Therefore,  he   has  an  irreconcilable  conflict  of
          interest"


RT 18:9   "Mr. Scott  actually filing  that  unauthorized  was  a
          breach of ethics" [sic]
should be
RT 18:9   "Mr.  Scott's   action  in   filing  that  unauthorized
          pleading was a breach of ethics"


RT 18:17  "Johnson v.  Serbs, 10304  United States  458  at  468"
          [sic]
should be
RT 18:17  "Johnson v. Zerbst, 304 U.S. 458 at 468


RT 18:22  "Johnson v. Serbs, Supra" [sic]
should be
RT 18:22  "Johnson v. Zerbst supra"


RT 19:9   "other  crucial  documents  requested.    Such  as  the
          regulations which  have been  published in  the federal
          register" [sic]
should be
RT 19:9   "other  crucial   documents  requested,   such  as  the
          regulations which  have been  published in  the Federal
          Register"


RT 19:13  "a blanket  fully  exemption  to  the  entire  judicial
          branch" [sic]
should be
RT 19:13  "a  blanket  FOIA  exemption  to  the  entire  judicial
          branch"


RT 20:2   "Carmen v. Bowen, 64 Atlantic 932, 1906" [sic]
should be
RT 20:2   "Carmine v. Bowen, 64 Atlantic 932 (1906)"


RT 20:4   "U.S. v.  Tweel (phonetic  sp.), 550  F.2d 297  at 299,
          1977" [sic]
should be
RT 20:4   "U.S. v. Tweel, 550 F.2d 297, 299 (1977)"


RT 20:7   "namely citizens  of Minnesota  state who  are not also
          citizens of the United States" [sic]
should be
RT 20:7   "namely, Citizens  of Minnesota  state who are not also
          citizens of the United States"


Motion to Correct Transcript of Sentencing Hearing:  Page 3 of 8


RT 21:14  "Title 18 U.S.C. of the Internal Revenue Code" [sic]
should be
RT 21:14  "Title 18,  United States  Code, and  of  the  Internal
          Revenue Code"


RT 21:21  "their  silence   activates   estoppel.      And   also
          constitutes fraud  upon me, see Tweel and Carmen Supra"
          [sic]
should be
RT 21:21  "their  silence   activates  estoppel,   and  it   also
          constitutes a  fraud upon  Me.   See Tweel  and Carmine
          supra"


RT 21:25  "probable  cause   to  complain   that  to  charge  all
          government actors  associated with  this case,  whether
          present or not with fair treatment and other applicable
          criminal violations  of  the  law  of  Minnesota  state
          especially specifically  because these  actors have not
          proven as  a matter  of record  that  they  are  indeed
          federal employees" [sic]
should be
RT 21:25  "probable  cause   to  complain   and  to   charge  all
          government actors  associated with  this case,  whether
          present or  not, with  barratry  and  other  applicable
          criminal violations  of the  laws of  Minnesota  state,
          specifically because these actors have not proven, as a
          matter  of  record,  that  they  are,  indeed,  federal
          employees"


RT 23:3   "They are jointly and civilly liable to me for multiple
          violations of  Title 18  and  also  laws  which  remain
          unspecified at  the present  time.  Rankin v. Howard at
          633 at F.2d 844, and Ninth Circuit, 1980" [sic]
should be
RT 23:3   "They are,  therefore, jointly  and severally liable to
          Me for  multiple  violations  of  Title  18,  and  also
          pertinent state  laws which  remain unspecified  at the
          present time.   See Rankin v. Howard, 633 F.2d 844 (9th
          Cir. 1980)"


RT 23:9   "Bradley v. Fisher, 13 Wall 335, 20L Edition 646, 1872;
          Davis v.  Burris, 51  Arizona 22075, page -- P, Pacific
          2d6 89, 1938;  and Gregory v. Thompson, 500 F.2d 59, CA
          Arizona, 1974.   Numerous  other  authorities  in  this
          case." [sic]
should be
RT 23:9   "Bradley v.  Fisher, 13  Wall. 335, 20 L.Ed 646 (1872);
          Davis v.  Burris, 51  Ariz. 220,  75 P.2d  689  (1938);
          Gregory v.  Thompson, 500  F.2d 59  (C.A. Ariz.  1974).
          Numerous other  authorities  can  be  provided  to  the
          government actors in this case."
/
/


Motion to Correct Transcript of Sentencing Hearing:  Page 4 of 8


RT 24:2   "which do  contain explicit  liability provisions  with
          respect  to   other  taxes.    For  example,  petroleum
          refiners and alcohol distillers." [sic]
should be
RT 24:2   "which do  contain explicit  liability provisions  with
          respect to other taxes, for example, petroleum refiners
          and alcohol distillers."


RT 24:7   "And also  the Jury  Selection and  Service Act  I have
          already explained  to this  Court and  filed  pleading"
          [sic]
should be
RT 24:7   "And also  the Jury  Selection and Service Act.  I have
          already explained to this Court, in a filed pleading"


RT 24:14  "I am  entitled to  a hearing  to reconsider by pivotal
          challenge  to   the  constitutionality   of  the  Juror
          Selection Act.   For  exhibiting class  discrimination"
          [sic]
should be
RT 24:14  "I am  entitled to  a hearing, to reconsider My pivotal
          challenge to  the Jury  Selection and  Service Act, for
          exhibiting class discrimination"


RT 24:19  "I reference  here LeGuardia v. Board of Registers, 160
          Ala. 15548S, 788, 791, 1909, in particular." [sic]
should be
RT 24:19  "I reference  here Gardina  v. Board of Registrars, 160
          Ala. 155, 48 S. 788, 791 (1909) in particular."


RT 24:21  "Moreover, I  demand that this Court prepare proper and
          timely findings  of fact  and conclusions of law in the
          matter of  my challenge  to the Jury Selection Act.  By
          Jury Selection  Service Act,  by way  of perfecting the
          case filed  for appeal which I plan and fully intend to
          bring in  the instant  case on  final judgment  or upon
          leave to appeal interlocutory orders." [sic]
should be
RT 24:21  "Moreover, I  demand that this Court prepare proper and
          timely Findings  of Fact  and Conclusions of Law in the
          matter of  My  challenge  to  the  Jury  Selection  and
          Service Act, by way of perfecting the case file for the
          appeal which  I plan, and fully intend, to bring in the
          instant case, on final judgment or upon leave to appeal
          interlocutory order(s)."


RT 25:10  "My  use  of  the  phrase  under  protest  during  this
          proceeding in case" [sic]
should be
RT 25:10  "My use  of the  phrase  'Under  Protest'  during  this
          proceeding indicates"
/


Motion to Correct Transcript of Sentencing Hearing:  Page 5 of 8


RT 25:13  "absent any  valid commercial  agreements which  is  in
          force" [sic]
should be
RT 25:13  "absent a valid commercial agreement which is in force"


RT 25:18  "whether cited  in here  in or  not, that  my  explicit
          reservation  of  rights  was  served  notice  upon  all
          agencies of  government of the remedy they must provide
          for me  in  Article  1,  Section  207  of  the  Uniform
          Commercial Code,  whereby I have explicitly reserved my
          common law right not be excelled to perform" [sic]
should be
RT 25:18  "whether  cited  herein  or  not;    that  My  explicit
          reservation  of  Rights  has  served  notice  upon  ALL
          agencies  of  government  of  the  'Remedy'  they  must
          provide for  Me under  Article 1,  Section 207,  of the
          Uniform Commercial  Code,  whereby  I  have  explicitly
          reserved My  Common Law  Right not  to be  compelled to
          perform"


                INCORPORATION OF SOURCE DOCUMENTS

     Appellant attaches the following documents:

     (1)  a true  and  correct  copy  of  the  document  entitled
          "Allocution at  Sentencing Hearing  scheduled for April
          21, 1997,  U.S.A. v. Gilbertson, United States District
          Court, District  of Minnesota,  Fourth  Division,  Case
          Number #CR-4-96-65," from which document Appellant read
          aloud at said sentencing hearing;

     (2)  a true  and  correct  copy  of  the  document  entitled
          "URGENT MEMO  TO: Everett  C. Gilbertson ... FROM: Paul
          Andrew Mitchell  ... DATE:  April 21, 1997 ... SUBJECT:
          Anti-Kickback Act  of 1986,"  which document  the  USDC
          ordered to  be filed  in the  official  record  of  the
          instant case;  and,

     (3)  a  true  and  correct  photocopy  of  the  RT  of  said
          sentencing hearing;

and incorporates  the same  by reference as if all were set forth

fully herein.

                        REMEDY REQUESTED

     Appellant  hereby   requests  leave   to   incorporate   all

corrections itemized  supra  into  the  official  record  of  the

instant case, and to require mandatory judicial by all interested

party(s), and by this honorable Court, pursuant to Rule 201(d) of

the Federal Rules of Evidence, of said corrections and documents.


Motion to Correct Transcript of Sentencing Hearing:  Page 6 of 8


                          VERIFICATION

I, Everett C. Gilbertson, Sui Juris, hereby verify, under penalty

of perjury,  under the  laws of  the United  States  of  America,

without the "United States", that the above statement of facts is

true  and  correct,  to  the  best  of  My  current  information,

knowledge, and belief, so help Me God, per 28 U.S.C. 1746(1).



Dated: ______________________________


Respectfully submitted,





_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


Motion to Correct Transcript of Sentencing Hearing:  Page 7 of 8


                        PROOF OF SERVICE

I, Everett  C.  Gilbertson,  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 CORRECT TRANSCRIPT
                     OF SENTENCING HEARING:
             Rule 201(d), Federal Rules of Evidence

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:


Attorney General                   James M. Rosenbaum
Department of Justice              United States District Court
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Solicitor General                  Henry Shea
Department of Justice              United States Attorneys
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE




Dated:  __________________________________





__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice





See USPS Publication #221 for addressing instructions.


Motion to Correct Transcript of Sentencing Hearing:  Page 8 of 8


                             #  #  #

      


Return to Table of Contents for

Supreme Law School:   E-mail