Of 7 Statement of Claim and Facts I, Enrique Facundo(C)®, Have Been Imprisoned in Ohio State 'Republic' a Status Protected Under Art

In the circuit court of the united states of America the Ohio/Republic Our one supreme court common law venue; Organic constitution and Exclusive Jurisdiction now superior court sitting with the power of a circuit and UNITED STATES OF District Court for the people in and for the county of Columbiana county Ohio/Republic of united states of America Case No. _ - - - - The people of united states of America Ohio/Republic, ex rel., VERIFIED PETITION FOR GREAT WRIT OF HABEAS Enrique Facundo(c)m CORPUS AS OF RIGHT Art. I, Sec. 8, Art. C/o FSL Elkton 8, IV, Sec. 2 (Ohio Const) Ref: Alleged 8730 Scroggs Road Case(s) No. 80-cr-201(S-1)(TCP) and Elkton Ohio Near [44415] 1994 cr0790 (S-1)(DGT) Dismissed.without prejudice, see attachment. Relator/Movant Clerk of the court for Great Writ Habeas Corpus by Right of Const. Art. I Sec. 8& Art. Vs. IV, Sec. 2, (Ohio Const) to be filed Strictly into Mcs Green File Art. III Bureau of Prisons' superior Constitutional court of competent Harley Laopin, Director W.D.C. Jurisdiction for Injunctive Relief to S. Scott Dodrill,.:.^Regional Director Correct the misapplication of Titles/Codes/Reg; T.R. Sniezek, FSL/FCI Warden See UCC-1 Acknowledgment for Status Antonio Gonzalez, Attorney/General d.b.a". of ENRIQUE FACUNDO(c)® ORGANIZATION/TRADE/ Custodians/Trustees NAME NAME/MARK FOR Certificate StateMent of Respondents, and Respondents Liability. Superiors, with Supervised persons, et. al., Stament of Claim by Affidavit

VERIFIED DECLARATION Columbiana county ) ss: The State of Ohio

Declarant% states he is the living flesh, and blood sovereign man, Secured Party Creditor that he is competent to be a witness, that the facts contained herein are true, correct, and complete, and not misleading to the best of Declarant's first hand knowledge and belief under the penalties of perjury pursuant to the Law of united states of America and the Ohio/Republic.

-Jurisdiction- The supreme court has Delegated authority as the one supreme court for "We the People" as the Peoples court, under Art: IV.§ 1 and Art. IV § 2, the supreme court shall have or,i.g;inal jurisdiction over a'Great'W"rit' (B)(c) Habeas Corpus and, (3) No law shall be passed or rule made whereby any person shall be prevented from invoking the dr•i,gi'na^l jurisdiction of the supreme court...involving questions arising under the constitution of the United States or of this state. Art IV § 5 (A)(1), and addition to another powers vested by this Article in the supreme court, the supreme court shall have general superintendence over all courts in the state,,,.

page 1 of 7 Statement of Claim and Facts I, Enrique Facundo(c)®, have been imprisoned in Ohio state 'Republic' a status protected under Art. IV, Sec. 4 of the united states of America constitution, being foreign to the United States Corporation. I have been kidnapped from New York/Repubtic and am being held hostage by the United States Corporations'Bureau of prisons. I have been in Ohio/Republic for the last 5 years held against my will under duress circumstances. I was tried and convicted in U.S.D.C. in New York state/Republic, being kidnapped for second time and brough to Ohio Republic, under the 'color of law'; by United States Corporation agents. The action taken against me was initiated by the United States Prosecutor under 21 USC and 18 USC, which are'out of Congress' and foreign to Ohio and New York state Republics, and their application to a state Republic is restricted Art. I. Sec. 8, Cl. 17-which states, regarding the enactment of Legislation, such as to be exercised"exclusively in all cases whatsoever, over such District (not exceeding ten miles square)...to exercise like Authority over all Places purchased by the Consent of Legislature of the State.." My activity was not within the 'venue' of either 'United States Codes'. As an inhabitant and elector of New York Republic, I was not within a'State' within the meaning of the United States as defined in 18 USC § 1955 (a) (3), § 48(c)(2), § 1228(b) (ii) and § 1073(3) which is also in agreement with 26 CFR 31.3121(e)-1. The definition of a 'State' as defined in UCC 1-201 (38) is in complete carecement of the above sites. Ne.i+:her was the property upon which I was accused, purchased by the United States Corporation. I am not the ' U.S. Person' nor an "Individual' as defined within the 'United States Code', but am a flesh and blood living soul being, a 'man' being party to and with full People" as such I am outside the venue of the "Code'. Foundation for Constitutional Claims are: -Article I, Section 8, Clause 17- (u.s. of A Const) Is it not true that: Pursuant to Federal restrictions, the ^Acts of Congress" include any Act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico; in a Territory or in an insular possession (see Rule 1& Rule 54(c)), and that my activity was not within the "Venue" of 21 USC, being outside the territorial Jurisdiction of the United States Corp, as defined in 18 USC § 7 which agrees with Art. I, Sec. 8, Cl. 17, restricting its authority to ten (10) miles square of D.C.? -Article IV, Section 3, Clause 2-(u.s. of A Const) Is it not true that: Congress has the power to dispose of and make all needful 'Rules & Regulations' respecting the territory or other property belonging to the United States Corp, and

page 2 of 7 yet the alleged called styled indictment used against me evidenced no "Regulation', which is in violation of Art. IV, Sec. 3, C1_ 2, as such, the alleged called styled indictment lacks delegated authority from Congress to support any lawful controversy as to any facts or law when.such is outside its 'venue'? -Article IV Section 2, -(u.s. of A. Const) Is it not true that: As a man (Art. I. Sec. I Ohio Const), being a party to "We the People", -of either Ohio or New York/Republic, 1 am entitled to all Privileges and Immnunities of the People in the several states/Republics. I have been kidnapped and am being held Hostage under the 'color of law', as a 'U.S. person by presumption, in violation of Article I, Sec. 6 (Ohio Const), being subject to involuntary servitude. As a self governmental Organization, I have been seized and detained and having my life threatened, physical and psychological torturing by the United States foreign agents in violation of Title 18 USC § 1203, and Title 18 § 2340, plus other more violations, and do make this Petition for Injunctive relief as allowed by Art. I, Sec. 16 of the Ohio Const... by this Great Writ of Habeas Corpus and under Article.I, Section 14, as a means having an unalienable right to be secured in my private property/sovereign man? "ORGANIZATION" MEANS A PERSON OTHER.TkIAN._AN INDIVIDUAL/SOVEREING MAN/WOMAN. See Tit18.18USC § 18 As is been referring herein above, on top of have been unlawfully prosecuted in a fraudulent case in question herein above, I Enrique Facundo(c)® the living flesh, and blood man, was charged as a corporation/Organization//entity too which is not my true name and that also is been using for commercial gain, commercial and for financial purposes and are as follow: A CORPORATION AGAINST CORPORATIONS: UNITED STATES OF AMERICA, A CORPORATION AGAINST A CORPORATION/ORGANIZATION; ENRIQUE FACUNDO(c)®/TRADE/NAME NAME/ TRADE/MARK-DEBTOR; bei:ng.usedas CO-DEFENDANT ENRIQUE FACUNDO(c)®; of other CORPORATIONS/ ORGANIZATIONS, which it is also a CORPORATION/ORGANIZATION.T00. In which it is also registered with the Secretary of State of Washington UCC-1 Division, No. 2002-184-8890-8 and State of New York No. 2004-11091127911, please see attachments. IT IS REGISTERED AS ENRIQUE FACUNDO(c)® ORGANIZATION, TRADE/NAME NAME/TRADE-DEBTOR. Therefore, a corporation/ Organization can not be in prison either nor a sovereign man and woman, the living flesh, and blood man as I am and my title is "We the People". Please see §.:8AT -0N=SENTENCING OF ORGANIZATIONS: Application Notes: 1). "Organization" means; "Person" other than an individdal_l/sovereing man/woman. Title 18 USC § 18. 2). See Title 1 USCA § 1. 'Word Person" in legal terminology, such as statutes, is perceived as general word which normall'y includes in its scope variety of entities

page 3 of 7 other than human beings. Theterm used in the alleged called styled indictment, includes corporations, partnerships, associations, join-stock companies, unions, trusts, pensions funds, un-incorporated Organizations, governments and political subdivisiDns : thereof, and non-profit Organizations. 3). The define guidelines in §§ C2. 2 through 8C2. 9 apply to specified types of offenses. The other provisions of this chapter apply to the sentencing of all felony if there is one; and class a misdemeanor offenses. For example, the restitution and provisions in part B and D of this chapter apply to the sentencing of Organizations even if the fine guidelines is §§ 82.2 through 8C2. 9 do not apply. 4. Organization cannot be imprfoned. but they can be fined, sentenced to probation for up to five years and ordered to make restitution for the offense, but if there is a crime committed. ( Herein its not included any one made in a fraudulent way in violation of due process of law as this matter was made). These organizational guidelines apply :to corporations/Organizations, partnerships, labor funds, non-profit entities and government units, (in my organization is included). Application Note 1. Federal Sentencing Guidelines Handbook 1760. (* No regulations-See on page 5 of 7 last 4) 5). Therefore, a COrporation/Organization cannot be in prison either nor a sovereion living flesh, and blood man as I am and my title is the 'We the People", which can cannot named in any statute as namely "Persons" or any "Person". which it is a creature in the law...Stramineus homo, Ens legis. The private man is member of said "sovereignty" itself remains with the Title "People", no either named or treaten as an "Inmate" for which it is a legal terminology which it is also perceived other than a human beings, see the Supreme Courtin,the Case of Williams vs. Michigan State Police. 105 Ed. 2nd 45 (1989) which made perfectly Clear that the sovereign cannot be named as it is explained herein above. See also Church of Scientology v. United States Department of justice (1979) 612 F. 2nd 417, 425, See also on page No.418 and Title 1 USCA Sec. 1. SOVEREING STATUS Therefore, a corporation cannot be in prison either nor a living flesh, and blood sovereign man as I am and my title is 'We the People". We can not be named in any statute as namely "Persons" or any "Person". Which it is a creature created in the law....Stramineus homo, Ens legis. The private man/woman is a member of said "sovereignty" itself remains with the title "People", no either named or treaten as an 'Inmate" for which it is a legal terminology which it is also perceived other than a human beings, See the Supreme Court inthe Case of Williams vs. Michigan State Police, please see this case named herein above. There is no such things as a power of inherent sovereignty in the government of the 'federal United States Corporation' in this country sovereignty resides in page 4 of 7 in the people, and Congress can exercise no power which they [the sovereign people] have not, by their Constitution, interested to it: All else is withheld. Julliard v. Creeman, 110 U.S. 421 (1984) [Braketed words added] The [federal], United States government is a foreign corporation with respect to a "state/Republics" U.S. v. Perkins, 36 N.E. 505, 141 N.Y. 479, Affd. 16 S. Ct. 1073, 163 U.S. 625, 41 L. Ed. 287. See Title 28 3002 (15)(A) Knowing that all that government and provides ligitimately is in pursu6t of its duty to provide protection for the private Rights see Wyhmmer v. People 13 N.Y. 378..which duty is a debt owed to its creator, "We the People" and the private un- enfranchised individual/sovereign man/woman, which debt and duty is never estiguished nor discharged, and is perpetual. No matter what the government state/federal provided, individuals/sovereign man and woman owns nothing to the government." As we are sovereing people. See also 'Hale v. Henkel, 201 U.S. 43, 50 L. Ed. 652, 26 S. Ct. 370. Pursuant to Art. IV § 4, of the Constitution of united states of America, we are source of "we the people" through the agency of their creation, to enact their sovereign will. All sovereign Rights under Natural Law, which WERE NOT ENUMERATED in said constitutions/trust, WERE NOT RELINQUISHED, as the present system would have us believe, BUT WERE IN FACT RETAINED BY THE PEOPLE. See Constitution for all states of America 1791, 9th and i0th Articles in amendment, and whereas all states consti- tions are in pari materia, all of the several states of America have fully reserved such rights for the people. Whose are been living within and to any other whose later became incorporated with same comicile which we Enrique Facundo(c)® and my whole family are living, in Queens New York since 1971. (Working very hard to make our living as well raising as educating our family).

The constitution for the united states of America, signed 1787, and as Lawful Amended up to and including the Rafication of the Original 13th Amendment in 1819, DOE,S NOT grant the'United States corporation' superiority or sovereignty over the several state/Republics, nor does it grant the "United States Corp" the authority to naturalize the Citizens or getting full control of thenan-residents/Aliens/sovereign man and woman, as we are American/Citizens too, of said several state/Republics_

* The Indictment does not evidence a Regulation as required by Art. 3 Sec. 2. Cl. 2. as suCh the called styled indictment does not suppbrit a lawful claim. Nor is the alleged indictment support by Affidavit of truth given validation for such claim.

page 5 of;7- PRAYER

Therefore Relator/Movant request the supreme court, only in the jurisdiction of the superior court Art. III court of Ohio/Republic toissue a Writ of Habeas Corpus, sua aponted, ordering Respondents and Relator/Movant to personally appear. To have Respondents evidence any lawful justification of the Relator/Movant to be held under arrest & hostage as allowed by either the 'state' or the United States Constitution, and to show cause why the Relator/Movant should not be immediately released. Along with the Return of all property, such as, finger prints, photographs, all records including DNA as shall be without any exemption all the original ones which are been unlawfully taken as well held in such United States Agencies with the agents and principals. See-,•: additonal attachments relating to the same issue. Knowing that this Relator/Movant Verified Petition for Great Writ of Habeas Corpus is made as of Right pursuant to the authorities states herein IS ADDRESSED PURSUANT TO THE CONSTITUTIONAL LAW OF both, united stats of America, and Ohio/state/ Republic constitutional law. And as is also the branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the ralations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered. (2) That department of the science of law which treats of constitutions, their establishment, construction, and interpreta- tion, and of the validity of legal enactments as tested by criterion of conformity to the fundamental law. (3) A constitutional law is one which is consonant to, and agrees with, the constitution; one which is not in violation of any provision of the constitution of the particular state. CONSTITUTIONAL LIBERTY OR FREEDOM. Such freedom as is enjoyed by the Citizens of a courttry or state under the protection of its constitution; the aggregate of those personal, civil, and political rights of the individual/sovereign man/woman which are guaranteed by the constitution and secured against invacion by the or any arbitrary government or any of its agencies. As "We the People" are protected. See People v. Hurlbut, 24 Mich. 106. 9 Am.Rep. 103. CONSTITUTION/PROTECTION/RIGHTS. A right guaranteed to the Citizens by the Constitution and so guarranteed as to.prevent legislative interference therewith. Delaney v. plunkett, 146 Ga. 547 , 91 S.E. 561, 557, L.R.A. 1917 D, Ann. Cas. 1917E, 685.

page 6 og 7 This is the continuation of the Great Writ of Habeas Corpus, in the is the last page with the complete information and common law styled format. Done nunc pro tunc, both, currently and Retroactively March 1979. By "ORDER OF: ENRIQUE FACUNDO(c)® Defendant/Benficial owner Debtor's /{045^

Permanent Address: Fresh Meadows City 15908 65th Avenue New York/Republic

Mailing Address: C/o: 15908 65TH AVENUE FRESH MEADOWS, N.Y.

SECURED PARTY Accepts DEBTOR'S Signature in accord with UCC §§ 1-201(39), 3-401(b).

Bq^ACURED PAR{Y-,,ENRIQUE FACUNDO(c)® /0, date: /c- Qhrl cjHLJ"I3ac Affi ant ecured Party Creditor, Attorney-in-Fact Private (New York/state/Republic Citizen Bond No. named a erence on back of Card no.^

Underwraitten bvx

Er^rique Facundo(c)® Head of state iized Rep. Intervenor Private New York/Republic Inhabitant Autograph for Value/Exempt from levy

Common Law Right

Thumb Print Seal:)> Right side Organ Iden Sovereing ID // 2004-1

Attachments: A.B.C.D.E.G.H.I.J.K.

Certified Mail No. 7005 3110 0000 0090 0790

Great Writ of Habeas Corpus page 7 of 7 In the circuit of the united states of America the Ohio/Republic Our one supreme court common law.venue; Orginal constitution and Exclusive Jurisdiction now superior court sitting with the power of a circuit and UNITED STATES OF District Court for the People in and for the county of Columbiana county Ohio/Republic of united states of America

The people of united states of America Ohio/Republic, ex rel., Case Enrique Facundo(c)® C/n` 8730 Scroggs: Road Elkton Ohio Near C44415i

Relator/Movant

Vs.

Bureau of Prisons' Harley Lappin, Director W.D.C. S. Scott Dodrill, Regional Director T.R. Sniezek, FSL/FCI Warden Praecipe Antonio Gonzalez, Attorney General d.b,.a. Custodians/Trustees Respondents, and Respondents Superiors, with Supervised Persons, et. al.,

PRAECIPE

You Will: Please file the attached Title VEREFIED PETITION FOR GREAT WRIT OF HABEAS CORPUS AS OF RIGHT Art. I, Sec. 8, Art. 8, IV, Sec. 2 (Ohio Const) and united states of America, Const, the Original one. I, Enrique Facundo(c)® the living flesh, and blood sovereign man, Secured Party Creditor believes this action is proper for application Notices to the clerk of the supreme court through the superior court by way of the ancient Writ of Praecipe (Writ of Instruction to the clerk of the court) to take special notice of WSL 1881 § 666; codified in RCW 7.36.010 to wit: Any private person/sovereing man retrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when found illegal/unlawfully.

The petitioner/Relator/Movant, Notices the clerk of the supreme court through the superior court, by way of the ancient Writ of Praecipe (Writ of Instruction to the clerk of the Court) to take special notice of the following description of the term LIBERTY to wit:

page 1 of 5 The Term"Liberty" means Freedom, exemption from extraneous control, the power of the will to follow the dictates of its unrestricted choice, and to direct the external acts of the individiual/sovereign man without restrain, coercion, or control from other parties. The term "Liberty" includes and comprehends all personal rights/God given inalienable ones and their enjoyment. The term "Liberty' includes but is not limited to, freedom/right from duress, feedom/right from any government/ institution interference in exercise of intellect, in information of ooinions, in the expression of them, and in action or inaction dictated by judgment, the freedom/ right from servitude, fredom/right from imprisonment or restraint without lawful Constitutional due process of law, the freedom/right in the use of all of.one's powers, faculties and property, fredom of contract, the freedom/right of travel, the freedom/right of religion, the freedom/right of speech, the freedom/right of self defense against unlawful violence, the freedom/right to acquire and enjoy property, the freedom/right to acquire knowledge, the freedom/right to carry on business, the freedom/right to earn a livelihood in any lawful calling, the fredom/righ to enjoy to the fullest extent the privileges and immunities given or assured by law to the people living within the union of the united states of America, and in any particular state/Republic of same, the freedom/right to demand the nature and cause of any allegation made against a sovereign man, a Citizen of each state/Republic, etc.

The petitioner/Relator/Movant Notices the clerk of the Court, supreme court through the superior court by way of the ancient Writ of Praecipe (Writ of Inatruction to the clerk of the cour) to take special notice of WSL 1989 c 395 § 1; codified in RCW 10.73. 090(2) to wit.

For the purpose of this section, "collateral attack" means any form of post conviction relief other than a direct appeal. "Collateral Attack" includes, but is not limited to, a personal restraint petition, A HABEAS CORPUS PETITION, a motion to vacate judgment, a motion to withdraw guilty plea if the situation, a motion for a new trial if the case, and a motion to arrest judgment, dismissing the whole matter with prejudice because the whole previous perpetrate fraud. (which it is the situation in this matter, which such matter can be vitiate at any:time.

ELEMENTS OF A HABEAS CORPUS PETITION The Relator/Movant Notice. the Clerk of the court for the Article III Constitutional court, by way of the ancient Writ of Praecipe (Writ of Instruction to the clerk of supreme court in jurisdiction of the superior court, the pleople's court to take special notice of WSL 1881§ 667; codified in RCW 7.36.030 to wit: "Application for the writshall be made bypetition//Relator/Movant;: signed and verified either by the plaintiff or by some person in his behalf, and shall specify: (1) By whom the petitioner/Relator/Movant is restrained of his liberty, (naming by the parties if they are known, or describing them if they are unknown). (2) The cause or pretense of the restraint according to the best of the knowledge and belief of the applicant. (3) If the restraint is alleged to be illegal/unlawful, in what the illegality consists."

page 2 of 5 The Petitoner/Relator/Movant Notices the clerk of the court, the supreme court in jurisdiction of the superior court in this matter knowing t;lat this is the people's court, for the living flesh, and blood sovereing men and women, by way of the ancient Writ of Praecipe (Writ of Instruction to the clerk of the court) to take special notice of the attached Petition for a Writ of Habeas Corpus, Writ of Habeas Corpus and Notice of Hearing, and Respondent's proposed answer to Writ of Habeas Corpus. The Petitioner Notices the clerk of the suprerre ourt in jurisdiction of the superior court, the people's court, that'the-.Application,meets the^requirements of WSL 1881 § 667; codified in RCW 7.36.030, as well in the same direction with RCO too. WHO SHALL GRANT AND ISSUE A WRIT OF HABEAS CORPUS The Petitioner/Relator/Movant Notices the clerk of the supreme-court which its in jurisdiction of the people's court, the superior court this according with the constitution, the united states of united states of America, and Ohio constitution, by way of the ancient Writ of Praecipe (Writ of Instruction to the clerk of the court) to take special notice of WSL 1971 c 81 § 31; codified in RCW 7.36.040 to wit: "Writ of habeas corpus may be granted by the supreme court, supetior court, the court of appeals, or..::: by judge of such courts, and upon application the Writ SHALL be granted without delay" The Petitioner/Relator/Movant Notices the clerk of the superior court, by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the superior court) to take special notice of WSL 1881 § 667; codified in RCW 7. 36.240 to wit: All writs and other process authorized by this chapter SHALL be issued by the cl-erk of the court, and sealed with the seal of such court, and SHALL be served and returned forthwith, unless the court or judge SHALL specify a perticular time for such return. And no writ or other process SHALL be disregarded for any defect therin, if enough is shown to notify the officer or person of the purport of the process..." The Petitioner/Relator/Movant Notices the clerk of the court, superior court by way of the ancient Writ of Praecipe (Writ of instruction to the clerk of the court) to take special notice of RAP 16.3(b) to wit: "The procedure establ:ished by rules 16.3 through 16.15 for personal restraint petition supersedes the appellate procedure formerly available for a petition for a writ of habeas corpus and for an application for post-conviction relief, unless one of these rules specifically indicates to the contrary. These rules do not supersede and do not apply to habeas corpus proceedings initiated in the superior court."

page 3 of 5 The Petitioller^/Relator/Movant Notices the clerk of the Court, the superior court, that it is the duty of the clerk of the "superior court" to issue the Petitioner/ Relator•/Movant, writ of Habeas Corpus without delay. TO WHOM THE WRIT OF HABEAS CORPUS IS TO BE DELIVERED BY CLERK OF THE "superior court" The Petitioner/Relator/Movant, Notices the clerk of the superior court/ Article III court, by way of the ancient Writ of Praecipe (Writ of Instruction to the clerk court) to take special notice of WSL 1881 § 670; codified in RCW 7.36.060 to wit: "If the writ be directed to the sheriff, Alleged FSL Warden, it shall be delivered by the clerk to him without delay". The Petitioner/Relator/Movant, Notices the clerk of the superior court, by way of the ancient writ of Praecipe (With of Instruction to the clerk of the court) to take special notice of WSL 1881 § 671; codified in RCW 7. 36. 070 to wit: "If the writ be directed to any other person, it shall be delivered to the sheriff/the alleged warden, and shall be by him served by delivering same to such person wihtout delay". ISSUANCE OF A WRIT OF HABEAS CORPUS ENTITLES THE PETITIONER TO RELEASE FROM RESTRAINT OF LIBERTY, OLY IF THE RESTRAINT IS FOUND TO BE ILLEGAL/UNLAWFUL color of law BASE UPON AN UNENACTED LAW IN VIOLATION color of law CONSTITUTION OF United states of America and the state Republic Constitution The Petitoner Notices the clerk of the supe-ior court, the people's court, by way of the ancient writ of Praecipe (Writ of Instruction to the clerk of the court) to take special Natice WSL 1881 § 676; codified in RCW 7.36. 120 to wit:

"The court of judge shall thereupornl proceed in a summary way to hear and determine the cause, and if not legal/lawful cause be shown for the restraint or for the continuation thereof, shall discharge the party". And must show according with the law that if the way of been a hostage for second time and for more thant 12 years it is not enough merits in this petition this aftter of have been kidnapped which it is against the law and it is repudiate by the.same one. The court also have to show couse if been as a hostage in this Bureau of Prison's Industry in a prefabricate matter which was and have been motivating for a revenge; does merit the for a Sovereign man and woman be release inmediately. See all attachments.

LIMITATION OF CIVIL LIABLITY The petitioner/Relator/Movant, Notices the clerk of the superior court, by supreme court, by way of the ancient writ of Praecipe (Writ of instruction to the clerk of the court) to take special notice of WSL 1881 § 681; codified in RCW 7. 36. 180. to wit: "No sheriff/Warden or other officer be liable to a civil action for obeying any writ of habeas or order of discharge made thereon".

page 4 of 5 DUTY AND OBLIGATION OF THE CLERK OF THE superior court

The petitioner/Relator/Movant, Notice the clerk of the superior court, supreme court, by way ancient Writ of Praecipe (Writ of Instruction to the clerk of the supreme/superior court) to take special notice Article I § 9 of the Constitution of the united states of America and Article I § 8 of the constitution of the Republic of Ohio which provides to wit:*as a second, Const. 1 § 1, third, const. 1 § 2, four, Const. 1 § 15, Const 1§ 20. * "The privilege of the Writ of Habeas Corpus shall not be suspended, unless in cases of rebellion or invasion the public safety requires it". The Petitioner/Relator/Movant is special visitation, and not by general court appearance, Notices the clerk of the court, by way of the ancient writ of Praecipe (Writ of Instructiontothe clerk of the court, the supreme/superior court) of the clerk mandatory Duty, pursuant to public law 1871, ch 22, § 6, 17 Stat. 15, codified in 42 USC 1986, to wit:

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having the power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal/lawful representatives for all damages/injuries caused be such wrongful act, which such person be reasonable deligence could have prevented; and such damages/more/injuries may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action.." as the law requires to be done, including any tort Claim actions too."

Petitioner/Relator/Movant, Notices the clerk of the superior/supreme court, by way of ancient writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice that the Petitioner/Relator/Movant for a Writ of habeas corpus makes the clerk of the superior/_supreme courts knowledgeable of the Wrongs mentioned in U.S.C. 42 § 1985 and other ones unless in can be shown in writting by the clerk of the superior/supreme court that the conditions exist as prescribed by the constitution of the united states of America and the Constitution of the Republic of state of Ohio, that is, that due to a state of rebellion or invasion the writ of habeas corpus has been suspended, it is the duty and obligation of the clerk of the superior supreme court or whatever tribunal is commanding this matter, to ISSUE AND DELIVERY the ATTACHED WRIT OF HABEAS CORPUS without delay. Done nunc pro tunc, both, currently and Retroactively March 1979.

Datp.,ttih;s the 2, day Afthe October of 2006

by Pe elat an , Secure T Party Creditor in^ehalf the Debtor Authorized Representative Attonry-in-Fact Agent.

page 5 of 5 In the circuit of the united states of America the Ohio/Republic Our one supreme court common law venue; Orginal constitution and Exclusive Jurisdiction now superior court sitting with the power of a circuit and UNITED STATES OF District Court-for the People in and for the county of Columbiana county Ohio/Republic of united states of America

The pepple of united states of America Ohio/Republic, ex rel., Case No. Enrique Facundo(c)° C/o 8730 Scroggs Road Elkton Ohio Near [444157

Relator/Movant

Vs.

Bureau of Prisons' Drder. Harley Lappin, Director W.D.C. S. Scott Dodrill, Regional Director T.R. Sniezek, FSL/FCI Warden Antonio Gonzalez, Attorney General d.b.a. Custodians/Trustees Respondents, and Respondents Superiors, with Supervised Persons, et. al.,

[1] Enrique Facundo(c)® the living flesh, and blood sovereign man, the secured Party Creditor, applied to the supreme/superior court for constitutional review of the facts and in law causing the unlawful imprisonment of Enrique Facundo(c)® the living flesh, and blood sovereign man which I am been a hostage of the Bureau of prions's Employees and its Security Guars for more now of 12 years. The Great Writ Habeas Corpus, application, and petition for same Writ of Habeas Corpus along with attendant documents were docketed in the People's court for review. The courts review is taken under Constitutional Petition Great Writ of Habeas Corpus within the time required by Constitution mandate. For which the Petitioner/Relator/Movant, also offer to the court a surity bond, 21 dol.lars silver bond to secured the matter if need. [2] The Court finds that a prima facie case for illegal/unlawful detention has been established on verified complaint. There is no good cause to extent the courts review by issuing a show cause order to respondent as the matter of fact are sufficiently established on the records. The proceedings of sentencing are well known to this court. The matters of law before the court are settled by Order of the Supreme/suprior court. page 1 of 2 [3] The records show that the Petitioner/Relator/Movant is held in custody under color of authority of the United States; he is in custody pursuant to an Act of Congress now known to be insufficient to establish legal/lawful detention; as the subsequent long term of imprisonment; the Order causing imprisonment was founded on violation of the Constitution of the united states of America, and Ohio Republic Constitution as well New York/Republic too. The Petitioner/Relator/Movant. is entitled to relief inmediately.

[4] Be it Ordered: The Clerk of the court shall forthwith prepare an Order of void sentence, order for release from imprisonment stating no impairment of liberties are attached to said release, affix the Seal of the Court, and deliver same forthwith to Costodian Harley Lappin, S. Sott Dodrill, T.R. Sniezek, and Antonio Gonzalez for immediate execution. No other matters need to be addressed by this court as the law and justice are served by this Order. Petitioner/Relator/Movants other claims are reserved pending further action. bone nunc pro tunc, both, currently and Retroactively Match 1979:

Done this day of October, 2006, AD.

Judicial Officer Ohio Supreme/superior court Judge

Order

page 2 of 2 In the circuit of the united states of America the Ohio/Republic Our one supreme court common law.venue; Orginal constitution and Exclusive Jurisdiction now superior court sitting with the power of a circuit and UNITED STATES OF District Court for the People in and for the county of Columbiana county Ohio/Republic of united states of America

The pepple of united states of America Ohio/Republic, ex rel., Case No. EnriqueFacundo(c)® Y ^ C/o 8730 Scroggs:Road Elkton Ohio Near C444151

Relator/Movant SS. PRESIDENT OF.THE Vs. UNITED STATES/GOVERNORS OF,.

Bureau of Prisons' 0HI0/NEW YORK STATES Harley Lappin, Director W.D.C. S. Scott Dodrill, Regional Director SUBPOENA DUCES TECUM T.R. Sniezek, FSL/FCI Warden Antonio Gonzalez, Attorney General d.b..a. Custodians/Trustees Respondents, and Respondents Superiors, with Supervised Persons, et. al.,

Greeting: WE COMMAND YOU, That all business and excuses being laid aside, you and each of you attend to the Honorable Judge, who will preside this matter, or attend the same one in the supreme/superior court pf Ohio circuit; one of the judges of same circuit of the supreme/superior court of Ohio, in Youngs Town/ or Cleveland circuit on the day of , A.D. at o'clock in , at his court room in said county and circuit, to testify and give evidence in a certain cause now pending and undertermined by said court, wherein Enrique Facundo(c)® the living flesh, and blood sovereing man is the petitioner%Relator/Movant, and HARLEY LAPPIN, S. SCOTT DODRILL, T.R. SNIEZEK;,rJANTONIO GONZALEZ, are Reopondents on part of said Petitioner/Relator/Movant, and that you also diligently and carefully search for, examine and inquire after and bring with you and produce at the time and place aforesaid, a certain:

FROM CUSTODIAN/RESPONDENT(s): 1) Statement of Reasons. 2) Sealed Judgment in a Criminal Case. 3) Pre Sentence Report.

page 1 of 4 4) A0 235, 245; United States Attorney 792 and Sentencing Memo Transcript. 5) Prosecuting Agency Report. 6) Judges Sentencing Memo. 7) Oath of Fidelity forms for, a) Warden b) Institutional Svstem Manaaer c) United Manager Cordinator e) Case Manager f) Para Legal or Institution Attorney

8) Proof of title for land the Federal Correctional Institution FSL/FCI Elkton Ohio sits upon. (upon the living flesh, and blood sovereign man is unlawfuly held at the Bureau of prisons Industry' as_a_hostage). 9) TRust Fund Records inclusive of all documents. 10) Documents showing any waiver from compliance with Federal ConstitUti;o6/uni.te'd states of America constitutions/Ohio/Republic constitutions mandatory provisions defining legal/Lawful protections contained in Bill of Rights due any Defendant.

FROM SENTENCING COURT: 1) Docket Sheet. 2) Indictiment, which as far I know it was dimissed, please see attachment. 3) Pre Sentence Investigation. 4) Pre Sentence Report. 5) Judges Oath, Fidelity Agreement. 6) Clerks Oath, Fidelity Agreement. 7) United States Attorney and Assistants Oaths, Fidelity Agreements and Bard Cards, Certificates of appointment to office. 8) Venue proofs of exclusive United States ownership for; a) United States District Court House this including the land in which the United States District Court/and any Adminitrative Agency did conducted any hearing and the lawful authority that they had have to do it so. 9) Proof of title for land the Federal Correctional Institutions located in New York City as MCC/MDC Manhattan and Brooklyn New York, this including the lawful license that the United States Parole Commission's agents had have to conducting a called Revocation hearing base upon also a prefabricated as malicious proceeding, and then rencler a verict and issue a sentence to .;•a person, but to a living flesh, sovereign man, the Secured Party Creditor. For which none of these page 2 of 4 agents had have any authority in law. 10) Venue proofs of exclusive United States ownership for; a) United States District Courthouse b) Area where the alleged violation took place c) Proof to have seeijig the living flesh, blood sovereing man at the same place, t•ime, day;fmonth, year, after the sovereign man be at 2600 miles away, even at the time that such alleged indictment was issued and end such investigation. ( Enrique Facundo(c)® was in Colombia)!! 11) Bring the whole record of 1979 and 1980 FBI Invetigation, the Administrative records of the DEA and INS agents demolition and sana4ons done due to their scheme operation which I Enrique Facundo(c)® Secured Party Creditor did film and recorded; as the jail time that these corrupt Agents receipt upon such extortions/Rico Acts. That due to this same matter was that all of them took a revenge against Enrique Facundo(c) and his whole family including his wife which was used as leverage in the same operation/prefabricate case. 12) Proof of waiver authorizing any Court Officer to operate his office without providing full legal/lawful protedtions defined in the Federal Constitution Bill of Rights to those subjected to a United States Courts powers. 13) Certificate of appointment for all Court Officers related to case. 14) Audited Statements showing all parties which have received benefit of any nature or kind as founded on the case under collateral attack herewith. 15) Determination of Federal Venue as issued by U.S. Department of Justice. 16) Bring a proof of to have an injured and damage party, as well the withtnesses that have seeing I, Enrique Facundo(c)® Secured Party Creditor committing any kind of crime, as to bring also any Affidavit signed under penalty of pejury done by the witnesses in this matter, including the full authority in law that a parole office in conspiracy with DEA agents prefabricate a matter, using false stories, then because there are no proof of such presumption, they used a dirty strategic dismissing the same matter in anticipation for parole revocation hearing, in which there neither was any valid/lawful parole at the time such hearing was conducting, but that it was amended about 14 months later by the same judged in conspiracy the the same agents to covering up such unlawful actions done by the U.S. Prosecutors, and the Parole agents that without any lawful authority/without any crime/without: any authorization in law to substitute a court officer, did conduct a hearing then issued a verict. See Attachment of such amendment. 17) Proof that the Federal Institutions/Bureau of Prison's Industry have had any authorization by law to hold as a hostage a sovereign man without any indictment, but just base upon Warrant and Notice of actions as FSL/FCI Warden Morrision stated in his letter, Please see attachment bf it. Together with all copies, drafts, vouchers, bonds, undertakings, stipulations, list of sureties, relating to the said documents, and all other documnets, letters and paper writings what so ever, each clearly market as disclosed or disclosed to Petitioner/Relator/Movant, that can afford any information or evidence in said cause; and provide certified copies of same to Petitioner/Relator/Movant access in secure setting for Petitioner/Relator/Movants review, and that you shall no wise omit under penalty of the law; and have you then and their this writ. Proof of the oppositive way that this matter as done gainst this sovereign man as have been keeping as unlawfully held in the Bureau of Prison's industry is not motivate just for commercial gain, and a financial purpose and that there do not exist and never existed any crime, but just commercial ones which are the full interest in this matter and other too. See Title 27 § 72-11 all the crime are created for comercial interest! Done nunc pro tunc, both, currently and Retroactively March 1979.

WITNESS,

Clerk of our said court, the superior court, the people'.s court/supreme court in jurisdiction of same, Cleveland Division in said Columbiana county, this day of A.D. 2006

Clerk Seal

page 4 of 4 In the circuit of the united states of America the Ohio/Republic Our one supreme court common law venue; Orginal constitution and Exclusive Jurisdiction now superior court sitting with the power of a circuit and UNITED STATES OF District Court for the People in and for the county of Columbiana county Ohio/Republic of united states of America

The pepple of united states of America Ohio/Republic, ex rel., Case No. Enrique Facundo(d)® C/o 87310 Scroggsc`Road Elkton Ohio Near [44415]

Relator/Movant

Vs. Mation in Support of Issuance Bureau of Prisons' of Supoena Duces Tecum. Harley Lappin, Director W.D.C, S. SCott Dodrill, Regional Director T.R. Sniezek, FSL/FCI Warden Antonio Gonzalez, Attorney General d.b..a. Custodians/Trustees Respondents, and Respondents Superiors, with Supervised Persons, et. al.,

Motion in Support of Issuance of Supoena Duces Tecum

[1] Your Petitioner/Relator/Movant Enrique Facundo(c)o the living flesh, and blood sovereign man, Secured Party Creditor moves the supreme/superior court for issuance of Supoena Duces Tecum in conjunction with Petition for Great Writof Habeas Corpus, in order that both the supreme/superior Art. III court and the Petitioner/Relator/ Movant may have possession of the cause•of his unlawful detention and subsequent illegal/unlawful incarceration done by the United States Corp, Agents motivate for a revenge. Statement in Support [2] Your Petitioner/Relator/Movant as an incarcerated Sovereign man, Secured Party Creditor is been denied access to documents relied on by respondents which expose the true cause of detention. This denial under administration of sentence, by both the sentencing Court and those executing sentence, deprive your petitioner of the the right to know all the causes against him. This denial also impacts the manner in which the sentence is executed, as the mentioned as unlawful conviction placing your petitioner/Relator/Movant for subjection to secret statement that effect the manner in which he is treated by the alleges wardens. Same deprivates your petitioner/

paae 1 of 2 Relator;Movant of the legal/lawful rights to know and opportunity to respond to facts in law applied against him. Notice and opportunity to respond, basic due process of law, in law, is meaningless abasent full complete disclosure of all facts and in law applied to him. [3] Your Petitioner/Relator/Movant claims the legal/lawful right guarranteed by operation of law, in law. There is no legal/lawful mechanism of which your petitioner/ Relator/Movant is aware that could deny the right to know. Violation of such a basic pricipal of substantive procedure work a prejudice against the Petitioner/Relator/ Movant. This supreme/superior court being called under its offer to provide remedy must order disclosure of all the materials listed in his Supoena Duces Tecum. To do less in unfair, unjust and impeaches the integrity of the Courts in the public perceptions of its actions, and in the private side to "We the People". [4] Wherefore: good cause being shown above and in related fully incorporated documents herewith, the order for production of cited documents should issue as a matter of law, in law. Done nunc pro tunc, both, currently and Retroactively March 1979.

Done this 17, day of October, 2006. A,D.

b En iqbe Facundo(T Secured Party Cr^ditor/Attorney-in-Fact Agent

Motion in suppport of Issuance of Supoena Duces Tecum

page 2 of 2 In the circuit of the united states of America the Ohio/Republic Our one supreme court common law venue; Orginal constitution and Exclusive Jurisdiction now superior court sitting with the power of a circuit and UNITED STATES OF District Court for the People in and for the county of Columbiana county Ohio/Republic of united states of America

The pepple of united states of America Ohio/Republic, ex rel., Case Enrique Facundo(c)@ C/o 8730 Scroggs:Road Elkton Ohio Near [444151

Relator/Movant Motion for Emergency Hearing for Vs. Great Writ of Habeas Corpus

Bureau of Prisons' Harley Lappin; Director W.D.C. S. Scott Dodrill, Regional Director T.R. Sniezek, FSL/FCI Warden Antonio Gonzalez, Attorney General d.b..a. Custodians/Trustees Respondents, and Respondents Superiors, with Supervised Persons, et. al., Motion for Emergency Hearing for Great Writ of Habeas Corpus

Petioner/Relator/Movant, Enrique Facundo(c)® the living flesh, and blood Sove,reign man, Secured Party Creditor, without counsel relying on Hainer v. kerner, 404 US 519, for less stringent pleading standards. Repect-fully request this Honorable supreme/court in jurisdiction of superior court, "We the Peple's court" to forthwith issue its Great Writ and to grant petitioner/Relator/Movant an emergency hearing. In support of this motion Petitioner/Relator/Movant states:

1) Petitioner/Relator/Movant is presently incarcerate at=the.a}ledged called styled Federal Correctional Institution/Bureau of Prison's industry of FSL Elkton Ohio. No valid judgment is able to be produced by Respondent(s). Respondent(s) holds records and has notice that this acts of imprisonment are void. 2) Petitioner/Relator/Movant continued imprisonment is illegal/unlawful and USC 28 § 2243 authorizes this motion as well the constitution of united states and the Repulic/state of Ohio.

3) Further delay impeaches the integrity of the Judicial constitutional system in the public perceptions.

page 1 of 2 Wherefore, the Petitioner/Relator/Movant respecfully request this Honorable supreme court which it is in jurisdiction of Article III superior court to grant as a the people's court this sovereign man an emergency hearing in the about referenced cause. As according with the evidences presented.hereinwith. Done nunc pro tunc, both, currently and Retroactively March 1979.

done this 17, day of October, 2006. A.D.

En iq e P'acundo^t-^-5`ered Party Cridi^or/Attorney-in-Fact Agent

Motion for Emergency Hearing for Great ltrit of Habeas Corpus

page 2 of 2 AFFIDAVIT OF TRUTH

State or Ohio ) NOTICE TO AGENT IS NOTICE TO PRINCIPAL ) ss: NOTICE TO PRINCIPAL IS NOTICE TO AGENT Columbiana County

"Indeed, no more than (affidavit) is necessary to make the prima facie case." United States v. Kis, 658 F. 2nd 526, 556 (7th Cir. 1981); Cert Denied, 50 U.S. L. W. 2169, S. Ct. March 22, 1982.

I, Enrique Facundo(c)® herein "Affiant," a living breathing man, Secured Party Creditor, being first duly sworn, depose, say and declare by my signature that the following facts are true, correct and complete to the best of my knowledge,. recollection and belief.

1). THAT, Affiant is competent to state the matters included in his declaration, has knowledge of the facts, and declared that to the best of his knowledge, the statements made in his affidavit are true, correct, and not meant to mislead;

2). THAT, Affiant is the Secured Party, superior claimant, holder in due course, and principal creditor having a registered priority lien hold interest to all property held in the name of ENRIQUE FACUNDO(c)® ORGANIZATION/TRADE/NAME TRADE/MARK-DEBTOR; Enrique Facundo(c)® herein "Affiant," a living breathing man, Secured Party Creditor, evidenced by UCC-1 Financial Statement first in Washington Secretary of State No. 2002-184-8890-8, and New York Secretary of State No. 2004-11091127911; fhat these are also my standing in law, as also my ID which Identify the Affiant as a Sovereign man too. (ENRIQUE FACUNDO(c)® ORGANIZATION/TRADE/NAME NAME/TRADE-MARK-DEBTOR IS THE;CITIZEN of NEW YORK/REPUBLIC. Which also is protected by the laws of the state/Repulic too; the Constitution of same state/Republic and united states of America Constitution 1787 amended Bill of Rights 1791, and Article IV § 4.

3). THAT, on this seventeenth day of the 10th Month in the year of our lord two thoudand and six A.D. as done nunc pro tunc, both, currently, this date, and retroactively April of 1979., I caused to make then file this truthful statement base upon the whole perpetrate fraud made against me and the whole family for what we have been a victims for part of the DEA and INS agents a matter which started since April 1979. And are as follow states herein below:

4). THAT, approximately April of 1979, the DEA and INS agents started to:bl_ackmaled the Affiant in my place of Business named Enfa Auto Mechanic Inc, just because I did have the called illegal Aliens working in my places of work at that time were called Enfa Auto Mechanic Inc, and Ferrary Import and Export Business LTD. (for these businesses were also destroyed by these very same U.S. Agents too) Please see attached Affidavit Inquiries served to Warden name Mark A. Bezy of FCI Elkton Ohio which it is the place I am been the hostage receiving tortures in all kinds of color done by these Security Guards for more than 5 years, pluss the previous places am been kidnapped for second time since July 15, 1994.

5). THAT, to be more specific with this matter, in 1979 was the first time these U.S. Agents mentioned herein above, were the ones am personally met'for first time-at Queens Q Garden Immigration Detention Center, at the time I was bailed a friend of mine; which the DEA Robert Johnson, and Donald Habran, and INS Morely and other individual from the same Organization, the INS approached me asking me for my legal status in which I did pull up my wallet from my pocket and I do showed the ID calls Green Card. At the same time one of my business cards fell down; INS agent Morely graved i:t & said; oh, you have a business; and you should also have employees right? Does all of them have legal:status? I Said do am suppose to answer your question? Then my fried got released and we left that pi.ace. (Morele INS agents kept my Business card) page 1 of 4 6). On or about those months after April or May of 1979, was the first time these U.S. agents mentioned herein above, came to my place of business as started to extorts: me monies which I was forced to agreed with their exigencies in order to keep my place of business in funtion, as to prevent ,into have all my employees arrested and subsequent to closed my business as received a fine of $ 10,000.00 for each one this according with the threats received by the DEA and INS agents. These kind of threatings were done by the DEA and INS agenst during and in the dailv basis. After this happened, then I did report such incidents to the FBI Agents which at that time were my permanent Customers at my place of business, the name are, Mr. Mario Del Castillo, and Mrs. Margaret. Mario Del Castillo talked to his superior concerning this matter and after of such meeting with, I was advised by Mr. Mario Del Castillo to recorded and filmed all the Extortions done by these agents in which I did it; at the time these DEA and INS agents used to make such demands, extortions Rico Act. All recorders and filmings were done during the extortions as well at the time their informants were collecting the money in my place of business; after of have been personally did such recorders which it was done during several months, then such cassettes recorders and filmed were returned to the FBI agent Mr. Mario Del Castillo and Margaret, in which they did conduct an investigation and then these mentioned agents were prosecuted and suspended of their jobs which course most of them lost their Jobs and received a demolition on their own records. (After of this incident; these very_ same DEA and INS agents became an enemy number one for me and my whole family, coming up to the point that these very same one agents the name Donald Nabran stopped at my place one day approximate at 6 thru 7 PM while I was closing my place of business to go home; and he used the the follows bad words! I will see you in jail for what you did to us, including my partners). Then he todk off.

7). After about six months later, these agents were investigated then prosecuted, as were found more victims of these very same currupt agents/extortioners; they sent me a man named Carlos Palacio and his mother to my place of business with the excuses procuring for a job as looking to learn my trade Import and Export business as his mother used to come and crying begging me to had hire her son in my place of work for which I did it after of several petitions of him and his mother. Passing some months of have been hired this man; and of have been expending time teaching him my trade International Business, as Import and Export use cars and use parts; one day this same man came with an other man to my place of business offering me drugs which I immediately reported to the FBI Mr. Mario Del Castillo such Incident which he did instruct me to recorded every single conversation to these men, for which I did it. This incident happened in between January and February of 1980. On or approximate in Marh 03, 1980 I left New York on an emergency did travel to Colombia S.A. to take care my Import and Export Business of my use cars and use parts there. After of have been working there, on or about April 10 1980 I did receive a phone call done by my wife from New York, informing me that more than 12 DEA and INS agents have been raided our domicile vaithout any valid fourth Amendment search warrant and with threates searched my whole house in which at the same time they, the DEA and INS agents took my business brief case where my minni cassettes were_located- and films I did make to these men, the Informant Carlos Palacio, and the other man which according with the investigations was an DEA Agent, working with their evil intention to make the prefabrication matter. These minni cassettes and filmswere made to these men during their intent to entrapment me in such dirty business. These very same one cassettes and filming were the ones were taken from my brief case then the same ones were transferred and twisted the words/edited from the minni cassettes into their DEA Regular ones to later using it as the key evidence together with the False bribery/paid/criminal informant in their court; ( This informant was>> * Tlxese very sarne cassettes recorders were the same ones-rr,ade to thesupposedly drugs sellers, the DEA and infon^nant were used against us, first twisted,l age 2 of 4^ited and were taken fran our danicile in Affidavit of Truth ( violation of the fourth Prrendip-nt) as been also a fiftl) Artenltwl.t self incrimination. in jail durina that time for assault, heroine trafficking, and other unknown criminal activities committed against societv as weilhis mother was in probation for drugs trafficking too. These informants were workinq at the commercial/business/orotection proarams at MCC Manhattan New York and one of them: Carlos Palacio used to take out to the street by the DEA agents to prefabricate cases to the hard working peonle as we are one of the victims * The Debtors were named with another debtors, and other corporations/Organizations too; for which we did not know them until we +.aere dragged into that court, this was the firt time we met these Debtors/Defendants, it was after we were presented in their Eouity Court. We were dragged into that non-constitutional court by force. Mv own minni cassettes with the twisted words/edited ones, were the only evidences the U.S. Attorneys and the vindictive Agents had have aaainst in their courts of not law where is permitted false/prefabricating evidence, that is the court were is allow criminal informants to perjury in exchanae for money and these criminal informants untrustina freedom. These are the court/the United States Courts which allows United States Attornevs, U.S. agents and their trained informants to perjury themselves to obtained the false Convictions. These are the courts where allows committing a perpetrate fraud in their process to gain false convictions base on the tainted of a perpetrate fraud with all, documents presented in it; which this is our main situation, conspiracy in the whole process. As used a false called styled Indictment using unenacted law; unwritten law. 'color of law' as it is title 21, and 18 to support. the false and vindictive actions against us. Without subject matter jurisdiction and venue either. As we were conected with Defendant never we have been meeting in our lives!! (Perpetrate fraud in the whole process).

8). I do also attest that the alleged called styled Indictment was made from March 06, thru April 09, 1980, this means while I was out of New York/Republic; but according with the vindictive DEA/INS and the informant, I did sells the alleged 123 grams of drugs while the Defendant was at 2600 miles away from New York; which is imposible to be in two places at the same time. Unless the defendant is speeding light!! The informant, nor the Agents did not.know Defendant was away from New York**** Being this the whole fruit of their alleged special parole too which at the time these same parole agents and DEA issued the alleged parole hearing, such parole was not either existed within their alleged substantive account number (3) please see the judgment and commitment order and the alleged indictment already Refused without Dishnor, pursuant to UCC-3-501 and Fraud pursuant to Title 28 Rule 9(b). Such alleged special parole was done upon the conspiracy count, for which and when such alleged hearing was done still was on same account. Which according with "Bifulco v. United States ruled by the United States Supreme Court on June 1980 it is illegal/unlawful to have such parole in Conspiracy count, this assuming that such case was made in legitimate way * But with the help of the same judged whose presided the unlawful(* u0ch its not) case, he did transferred into the substantive account after 14 months of have been presided such unlawful revocation hearing. Such case was dismissed in 1995 in anticipation for revocation hearing.* This meansit was precipitated made, which was intentional (*See Dismissal with the unlawful purpose to the.... also false incarceration too. I want to clarify that the matter, the second vindictive Arrest was done was after of have been trying to reopen the same case, the 1980 one which it is the fruit of the whole matter. I hired the very same defense attorney conducted the trial in 1980. Even this man was one of my foreign auto Repair shop customer, which at to 1993 when I did hire him back^ to working in the case I did not know that he was a goverment informant, in both occations, in 1980 and in 1993 to reopen such matter. In 1993 when I trying to reopen the whole case as I did supply evidences to the alleged defense attorney; and he at the same time was reproducing copies of my confidential information and was given to the United States Attorneys and agents which °..is one of the main reason they, the U.S. Agents prefabricated the 1994 case to stopped me into persuing with the same case; because they already know there was a prefabricated fraud from the very beginning and it was done by the DEA and INS including the prosecutors involved in the same matter. * There are mbtarized Affidavits attesting the way these very same gov informants used to prefabricate case ordered by the DEA and INS agents. (Falsely fabricated just motivate for camercial gain. Affidavit of Truth page 3 of 4 9). That, thisis,a clarification in which the same INS agents named Morely was involved again in extortions of 22 more business men in New York City including the 1993 Daily News paper report, which such record it is there too. These very same INS/DFA agents were extortioning more business men in New York City also because they do had the called illegal Aliens working in their places. See attached Inquiries regarding this unlawful imprisonment "which:it:is_akidnapping". See also a copy of 15 pages from the 35 pages were recorded to the these DEA and INS Agents at the time they were extortioning Enrique Facundo(c)® places of business, these are the first recorders the Affiant did make to DEA and INS agents during the extortions in our place of business. Please see the Affidavit made by the only one man we knew but that we haven't seeing six months prior to the prefabricated case was done, and the subsequent false arrest=Kidnapping. And there are more and more evidences proving the opositive way we were presented to be in that courts of not law, the unconstitutional ones, which only Equity as only dealing is with commercial matters, with chattels and corporations/Organizations; not living flesh and blood sovereign men/women for which it is that we have been treating as a trasmitting utilities. We are transferring the whole matter into the constitutional courts; courts of law, in law. **** come from page 3 of 4: See New York/DEA detectives reports where they stated have been seeing Defendant/their victim; Enrique Facundo(c)m closing his Garage doors, place of his business; while Enrique Facundo(c)® was at 2600 hundred miles away; as been also using as a target in substitute of the Dbbtor. ENRIQUE FACUNDO(c)Q ORGANIZATION/TRADE/NAME TRADE/MARK-DEBTOR.by. See the same issue in the Relator/Movant Great Writ of Habeas Corpus.

Please take this Affidavit as evidence of the facts just in law, but not this Affidavit would construe and construct as to arguments in the public side, this affidavit as well'the additional attachments are evidences in fact and in law. Please have review the whole matter in law. Done nunc pro tunc, both, currently and Retroactively MarGh 1979.

By: ORDER OF: ENRIQUE FACUNDO(c)@ ORGANIZATION/TRADE/NAME TRADE/MARK-DEBTOR Debtor's Signature Secured Party Creditor Accepts Debtor's S'r.gnature in accord with UCC-1-201(39), 3-401(b). Private Common Law Notarized.

Deuteuronomy 19: 1 at the mouth of two or three witness so, the matter shall be establisbed°. /G1

^ate/n'^^ {' ,(Print^ dete D•/ o/:, ,^, (Print) Common Law Right Thumb P Date Thumb Print Seal: » »> ?5^^ 5..^1^C/nro ,(Print) Right Side Organ.Ind Idefl' Sovereign ID // 2004-1109 Signed without prejudice UCC-1-207 I A ^Pcured Pr^` nfique Facundo(c)®

^ecur Party page 4 of 4 itor's Signature. Agent In the circuit of the united states of America the Ohio/Republic Our one supreme court common law venue; Orginal constitution and Exclusive Durisdit,tion now superior court sitting with the power of a circuit and UNITED STATES OF District Court for the People in and for the county of Coluinbiana county Ohio/Republic of united states of America

The people of united states of America Ohio/Republic, ex rel., Case No. Enrique Facundo(c)m --- C/o 8730 Scroggs Road Elkton Ohio Near [444157 Relator/Movant Vs. Verification

Bureau of Prisons' State of Ohio Harley Lappin, Director W.D.C. ) ss: S. Scott Dodrill, Regional Director Columbinana County T.R. Sniezek, F5L/FCI Warden Antonio Gonzalez, Attorney General d.b..a. Custodians/Trustees Respondents, and Respondents Superiors, with Supervised Persons, et. al.,

I, Enrique Facundo(c)® the living flesh, and blood sovereign :man, first being duly sworn, competent to testify, do attest on my unlimited commercial liability that the following is truth, correct, complete, and not misleading, the truth, the whole truth, and nothing more than the truth, so help me God. ' Undersigned is the Bureau of Prison's hostage at FSL Elkton Ohio; this institution policy as to accessing Notary Public limits Undersigned to access. Therefore; under Ohio Law, and as private man, I Enrique Facundo(c)® proceed with private Common Law Notary which the only we need is three witness's verifiying.my statements for compliance with the common•law in the supr.eme/superior court of law, in law, Consti- tuttonal art. III Court which sould such common law and Rules of this constitutional are also proceding according with the constitution mandates too which governing my application for the•immidiate release from this false imprisonment.

Done„,fijhis day 17 of October 2006 A.D.

E ri ue Facundo cured party C ed,tor, Attorney-in-Fact Agent

page 1 of 7 Before Us, the undersigned, duly sworn witness' in said count and state on this 17 day of October, 2006, A.D. and as the undersigned states herein above he attest in his unlimited commercial liability that the follawing states herein which are the documents filed with the supreme/superior court of Ohio state personally appeared the Secured Party Creditor Enrique Facundo(c)O to upon personally known to be the indentical man who executed the herewith and foregoing instruments and acknowledged to us that the executed the same as his free and voluntary act.

Given under our hand the last day written above.

EXECUTED DOCUMENTS

1). Verified Petition for Creat writ of Habeas Corpus, 2). Praecipe to the Clerk, 3). An Order for the Honorable Judge of supreme/superior court, 4). President of the United States/Governors of Ohio/New york States, Subpoena Duces Tecum, 5). Motion in Support of Issuance of Subpoena Duces Tecum, 6). Motion for Emergency Hearing for Creat Writ of Habeas Corpus, 7). Affidavit of Truth, 8). Verification, 10). Alleged called styled indictment Refused for Fraud pursuant to Title 28 Rule 9(b). 11). The alleged called styled Judgment and Probation/Commitment Order also is been Refused for Fraud pursuant to Title 28 Rule 9(b), 12). The Congressional Controlled Substances Act Misapplication of "UNENACTED" Federal Law 84 Statutes at Large 1242-1285, 5 pages of, 13). See Title 44 § 1505 Documents to be published in Federal Register mandatory order, which never were done, 14) National Archives Office of the Federal Register, 5 pages of, 15). Titles of United States Code, that never were enacted s a positive law, 16). New York Secretary of New York's filing acknowledgment dated July 29, 2005 from UCC-3 amended, regarding the Original filing of UCC-1 Financial Statement filing Number # 200411091127911 done and filed oh 11/09/2004. This action added or changed the name of the specific Debtor or.: read as follows: Debtor's name and Address: ENIQUE FACUNDO(c)®, ANGELINA FACUNDO(c)® GUTIERREZ, ORGANIZATION/TRADENAME/TRADEMARK-DEBTORS: 15908 65th AVENUE FRESH MEADOWS NY 11365. Remarks: The initial Financing Statement will lapse on 01/01/9999 unless continued.

17). Washington States Department of Licensing Uniform Commercial Code Information Search Acknowledgment: SEARCH NUMBER: 2005-124-2117-5S: 'Search on: ENRIQUE FACUNDO(c)®, ANGELINA FACUNDO(c)® GUTIERREZ(c)®, ORGANIZATION/TRADE NAME/TRADE P4ARK-DEBTORS (Organization) Debtor) File Numbers Searched: 2002-184-8890-8, Certified Through Date: May 3, 2005 Search Type: All Result Type: Details Include Lapsed: No. Intitial Filing No. 2002-184-8890-8 File Dated July 2, 2002 Lapse Date None. Debtor FACUNDO, ENRIQUE, NA P:0.B0X 10 LISBON OH 44432: Secured Party Facundo(c)®, Enrique, In care of: 15908 65th avenue Fresh Meadows, New York 11365, 18). Not'rce Concerning Fiduciary Relationship, 56 form, and Substitute Form W-8IMY Dept. of the Treas./IRS of PRIVATE CITIZEN: OF NEW YORK/REPUBLIC, ENRIQLIE FACUNDO(c)® bond 1{AMJ11100: By Signature of beneficial owner (or individual authorized to sign for beneficial owner) Without prejudice UCC-1207: November 20/1961/Authorized Representative Capacity in Which acting: Date: (Nunc Pro Tunc)(18th Birthday). 19). Acknowledgment Power of Attorney granted by the Debtor=Organization: to the Secured Party Creditor Sovereign man.

^n 9 nf 7 20). See dismissal of the also alleged case which also was also intentionally prefabricated in anticipation for the alleged also unlawful parole revocation hearing which it was used as an strategic by the DEA and INS agents in conspiracy with the U.S. Prosector Jason Brown and others did plan this matter in order to stopped Enrique Facundo(c)(D to pursuing with to reopen the first 1980 fraudulent case which is been the whole fruit of this matter since that time!!! ( 26 years ago!) 21). See Affidavit Inquiries regarding this unlawful imprisonment "to which it is a Kidnapping" done on March 28, 2003 to Mark A. Bezy the FCI Warden this while I was be2n torturing in the whole, in their chamber of tortures, which was for more than 65 days!!! 22). Please see the main reason of all of these matters which these 15 pages pluss others 20 more pages were recorded to the DEA and INS Agents, the extortioners= Rico Act actions done by these agents against Enrique Facundo(c)® his whole family and 20 more business men people done in the City of New York in 1979 and 1980, which later these very same agents were doing the same extortion scheme operation against others business men in 1992 and 1993. Please see on pag-a on page No. 9: Third Conversation: E.F. (Alone) April 24, 1979 at night. E.F. Hello. D.E.A. Hello. This Don. E.F. yes sir? Where are you now? D.E.A. This is don Avon. ( Means Donald Habran) Don't you memember? You tolme to call you at 7:30. Now it's 15 munutes to 8:00PM. So what's the story? Do you have the money or no? E.F. Yes, I have it. D,E,A, Listen. Don't fool arround anymore, O.K? You have two choices, pay or be in big trouble. E.F. No. don't worry about. I have the money for you.. D.E.A. You have to worry, not us! Look, I want you to meet us at 9:00PM at 94th street an Astoria Blvd. There is a diner on the corner. ( now continue on page 10) E.F. O.K. I will be there at +/ 9:00^ D.E.A. Don't forget, bring it in cash and no more excuses, O.K. E.F. Yes, Sir. E.F. It's 8:50. I am on the way to see you. O.K. Mr. Morely? E.F. Hello Sir. It's 9:00. D.E.A. We were on time. That's good. D.E.A. Hi, this is Mr. Morely. E.F. Nice to meet you Mr. Morely. I.N.S. Don't remember me? E.F. Yes. You are from the immigration Department. You was the one who asked me for a Green Card at Kew Garden Court long time ago. INS yes. I'm the one. D.E.A. Let's go talk business. E.F. Can we go inside and drink something? D.E.A. No. it's to crowded. To many p2pple. We can't talk. This is a secret matter. E.F. O.K. D.E.A. Let's go to your car. I.N.S. Well, I think that you are in big trouble. E.F. Why I am in problem? I did't do anything wrong? I.N.S. You are breaking the law. You are hiring illegal aliens. WerrTow that for a fact. All of your mechanics don't have ( continue on page No. 11) legal page 3 of 7 Status. Neither do your customers. E.F. How do you know my customers don't have Green Cards? I.N.S. Well, we stopped many of your customers already. That's why. Well, lets get to the point. D.E.A. Are you going to make the deal or not? You must do so. You have no choice but do make a contract or we are going to arrest your people and any custumers who come to your place. Then you will have to close you businesses, plus you will be fined for $ 10,000.00 E.F.Cbme•on Mr. Don, (Donald Habran) I do not make to much money here. We only make our living. I.N.S. Let's not be cheap. We know you are making money. The place-. is busy all the time and besides this we know that you export used parts and cars. Don't start crying. D.E.A. You already promised to pay and make an arrangement for every week or every month. E.F. So how much is the quota? I want no problems with my business. D.E.A....:... it's very simple. You can pay with auto repairs if you don't have the money. Don't be stupid. E.F. So how much I have to pay per month. I.N.S. Well. Do it the same way the other people do. We have almost 20 more businesses already and they pay so why don't you do it the same way? D.E.A. Let's go make the first payment. E.F. I think is to much. Let's make for less amount. I.N.S. No, We are four people, Mr. Avon, Habran my boss, and Mr. Morely. D.E.A. Listen. Our quoata will be $ 1000 per month. You pay in cash or you pay in repairs period! E.F. O.K. I guess I have no choice. O.K. Here are the first payment. One hundred, two hundred, three hundred, four hundred, five hundred, six hundred, seven hundred, eight hundred, nine hundred, one thousand. I.N.S. Good. It's cool. D.E.A. O.K. We are going to see you next month for the next payment or maybe one of my partners has a car for service so you don't have to worry about paying in cash. E.F. O.K. You let me know. So you thing I wil not have any problem. D.E.A. It's taken care of already. Your a gentleman. Good bye. See you nest time. E.F. O.K. Good bye. I.N.S. Good bye Mr. Facundo. E.F. Good bye Sir. 23. will an option if the this honorable court/superior court want to see the other evidences I, Enrique Facundo(c) have avaible at this time. Which are as follow: (1) An Notarized Affidavit made and signed by one of the codefendants, the only not for; one we Knew in those days but that we havenseeing^six months prior to the fabricated case 1980. This Affidavit are 4 pages of stating how the whole case was made through the DEA and their criminal informants. (2) Repo:°t of Investigation Done in between the DEA and NEW YORK NYDETF. Made on May 1, 1980. Where the alleged investigators stated have seeing me driven my Cadillac from my place of busnesses to my domicile, as well they also saw me closing the door of my business while I was out of New York/Republic since March 03, thru April 20 of 1980. I have also a copy of my pass port proven I was out of New York in those

page 4 of 7 days. After of have been hired my defense atttorney; the same one presided the trial in 1980, this man was supplying information to the same DEA and INS agents including the prosecutors whose were involved in the same case in 1980, which were the one who prefabricated the whole matter, then these very same persons, did send me a lady named Gladis Marino, to offer me sex and other things,to entrapment me against in such another case so in this way then can stopped me to pursuing in the orginal prefabricate one, in 1980. All these coversations were recorded too. There are 5 pages of. I have the Alleged parole Warrant which also was issued on an invalid parole which such was placed on count of Conspiracy which it is prohibit, such unlawful parole revocation hearing was done on also invalid parole and that I held in this place of Bureau of Prison just on a warrant and a notice of Action, these are 3 pages of, I have also an affidavit of the defense attorney stating that such parole hearing was done without witnesss, requested to be present and never showed up. one page of, I have and Order of No. 80-CR 201(S-1)(TCP) when Judge Thomas Platt with the direction of the U.S. Parole Commissioner did Amended a parole to the Defendant ENRIQUE FACUNDO(c)@ after 14 years, and also 14 months after of such alleged unlawful parole revocation hearing was done. (this means he did it just to cover-up the parole people and prosecutors which when such parole was done such matter did not exist in all the aspects, (1) initially was done upon a false/prebabricate conviction in which I was no either in New York when the alleged :crime was committed, (2) such case was done wiubject matter jurisdiction, no valid titles, codes, and not Regulations, an invalid called styled indictment. See Parole amended one page. I have U.S. Parole commission's letter sent to them asking for reasons why I was held in this place unlawfully without any valid indictment, and I have a response of the Warding Morrison leter dated Oct 3, 2001, whe he stated. You are being held on the above warrant, and notice of action. No indicment. These are 4 pages of: I have also a letter sent to Governor Pataki in New York Reguesting for proof of Extradition from New York/Republic into the Federal system this is there was any reason, or any crime committed by me, which according with Title 40 § 255 were supposed to be done, I have also the response of Governor Pataki, Which states the following: For you information, the Governor ^as of this date has received no request from Queens County nor the federal government. Dated August 18, 2000. I also have the table of authorities regarding the Title 21, 18 and others which are not enated law, See CFR. I also have a Disposition of Non-Drug evidence dated 6/30/97. I have Report of Investigation of 1994 which states no drags and non drug evidence this investigation will be closed. page 5 of 7 See Expatriation/Repatriation Affidavit aTready registered with the County Recorder's office and with UCC-1 in Washington State Secretary office, New York State/Secretary of State too. See the three pages of for which this also are my stading of have been expatriated from Washington D.C. and its territories if in fact they had have any connections with my name too; for which according with the alleged resident alien's card they did have my Birth Certificate which it is the bond in control which by fraud also the United States Corporation is assumed with are their property. Which it is not. See also my Common law name Copyrighted, also registered with the County Recorder's No. 20200888 and the Secretary of State No. 2003-036-0869-3. 3 pages of, See Back of the Yards Yournal Dated July 10, 2002, an affidavit of Copyrighted Notice Publication, one page of, See Clasified Ads of News paper publication copy of ad, one page of, See Certification of Publication Affidavi:ti registered with the county Recorder's office No. 0428932013, one page of this a family copyrighted Notice, See Legal Notice of same publication which is also a family copyrighted Notice, one page of, Enrique Facundo(c)® also offer the copy of the fraudulent called P.S.I. which also was prefabricated with false stories of all the colors stating dates and meetings with unknown codefendants that the very first time we met these persons, was when we were unalwfully and by force as dragged to the Equity not constitutional court, a court which allowed false criminal informants to commit perjury, a court which allow perjury by the prosecutors, a court that allow planting evidences, a court which allows prefabricate cases, a court that allow defense attorneys be working for both sides, to the government and to the defendant. (a government informant) which it is a conflict of interests. A violation of the Constitution/due process. A court which allows to be applicable Titles, codes, which are the mayority of the called styled indictments had have not "Regulations" See Const. Art. 3 Sec. 2, cl. 2. Titles 21, 18, are not law, these titles are unenacted law, "Unwritten law". As beside all of these, the Constitution do not authorize to falsely prefabricate cases to no one. Fraud is fraud herein and in any where. And when there is afraud, the more solemnly contract is vitiate. In 1997 Enrique Facundo(c)® did file a Rule 35 motions petition to the court to dismiss such alleged and fraudulent Special parole which was placed in the Conspiracy count, this which also it is agaisnt the law, in any way it was implemented, either in the substantive count, or in a conspiracy count, because in none of such counts Enrique Facundo(c)® qualified due that everything is a plot against Enrique Facundo(c)® which no either such charges were done against, it was done against the Debtor, ENRIQUE FACUNDO(c)® ORGANIZATION/ TRADE/NAME TRADE/h1ARK-DEBTOR: WHICH no either defendant/Debtor was involved in anything. All is fraud, that defendant no even was in New York at the time alleged called styled indictmerit stated was iri New York it is not, Defendant was at 2600 miles away from New York. I do offer the pass port proven the oppositive way. All these matter have page 6 of 7 presenting with these non-constitutional courts, which these courts; the united states courts are only to conspire with the government to prefabricate cases, to place human been in their control to mame revenues base upon the Bid, performance, and penals bonds, then resells such with the Corporations. See Title 27 § 7211 which all the crimes are commercials. I do also offer the copy of Jason Brown the U.S. Prosetor's letter to the Judge whose presided this unlawful matter from the very beginning. Which what I did demanded to the court was to dismissed such matter because assuming that such penalty was legitimate, that it was no either authorize to be place in any one count due to the amount/quantity of the offense. and that such matter on top of have been prebabricated that such parole was imposed into the Conspiracy count that when such also unlawful parole revocation heareing was done, that such parole on even was in the a count authorized by the law; which assuming that it was true, and lawful impossed it does not merit such penalty according with the Constitution. Such amended was done also in violation of the constution mandates, as also these United States Prosecutors are continuing committing fraud in all the color, applying Titles, codes, which does not have Regulation, using as backed up with the alleged called styled indictments which careless of Regulation too. Perpetrate fraud in all the documents presented which all of them qualify for Rico/Racketeer Influenced and Corrupt Organizations Act. Misprison felony, Cases created by them for ransom. Misrepresentation, fraudulent misrepresentation, monopolization, which is the modus operandi, all of these matter are and have been done also fnotivate from a revenge, a retaliation just because Enrique Facundo(c)® reported their corruption against the business men in flew York in 1979. Therefore, for the already stated herein and more and more which the door is leaving open for future adds regarding this same matter. And such and any document/presemtment made by the United States Agents any of them are refused for cause of a perpetrate fraud pursuant to to Title 28 Rule 9(b). I_eaving for now in the hands of the superior court people as supporting this whole matter on moral absolutism, moral obligation; as pursuant to the law, the real law, the constitution correct the "Moral Turpitude" which are the modus operandi of the United States agents. Moral Turpitude, is a conduct that is contrary to justice, honesty, or good morals; in the area of professional responsibility, offenses involving moral turpitude such as fraud or breach of trust are traditionally is considered to reflect adversely on one's fitness to practice law. All of these dishonest U.S. Prose- cutors, agents and any agent of of any of these Agencies which have been involved in the this perpetrated fraud against I Enrique Facundo(c)® and whole family. Done nunc pro tunc, both, currently and Retractively March 1979.

En iq FacurxioMJ9-5amdre$ Party Creditor At y-in-Fact /Vathorizei Representative Verification page 7 of 7 for the Debtor ENRIQUE FADJN[)D(c)® CRGANIZATION/ TRADE/NAh1E fyM'E/TPJsDE MARK-DEETOR ENS LEGIS. AFFIDAVIT CERTIFICATE OF SERVICE

I, Enrique Facundo(c)® the living flesh, and blood sovereign man, is Secured Party Creditor, and do hereby attest on my unlimited commercial liability that the following stated herein and bellow, is true, correct, complete, and not misleading the truth, the whole truth, and nothing but the truth, so help me God.

1). See the People of united states of America/Ohio/Republic, ex el., Verification for Writ of Habeas Corpus as of Right which are 7 pages of; 2). A Praecipe petition 5 pages of; 3). Order/Official Officer Ohio Supreme/superior court judge 2 pages of; 4). SS. President of the United States/Governors of Ohio/New York States's Subpoena Duces Tecum, 4 pages of; 5). Motion in Support of Issuance of Subpoena Duces Tecum, 2 pages of; 6). Motion for Emergency Hearing for Great Writ of Habeas:Corpus, 2 pages of; 7). Affi(iavit of Truth, Notice to Agent is Notice 'to Principal Notice to Principal is Notice to Ageny, "Indeed, no more than (affidavit) is necessary to make the prima facie case." 4 pages of; 8). Verification State of Ohio Columbiana County, 7 pages of 10). The Called Styled Indictment 3 pages of is refused for Fraud pursuant to Title 28 Rule 9(b) as done nunc pro tunc, both, currently and Retrocatively March 1979, 11). The Called Styled alleged Judgment and Probation/Commitment Order 1 page refused for fraud pursuant to Title 28 Rule 9(b), 12). The Congressional Controlled Substances Act Misapplication of "Unenacted" Federal Law 84 Statutes At Large 1242-1285 5 pages of, 13). Title 44 § 1505 Regarding Documents to be published in Federal Registered and was not due, 14). National Archives Office of the Federal Register, are 5 pages of, 15).. Table of United States Code: one page of, 16). Filing Acknowledgment dated July 29, 2005: Debtors Name and address: ENRIQUE FACUNDO (c)®, ANGELINA FACUNDO(c)® GUTIERREZ(c)®, ORGANIZATION/TRADE/NAME/TRADE MARK- DEBTORS: WHICH AS ITS STATED HEREIN HABEAS CORPUS AN ORGANIZATION NEITHER CAN BE IN PRISON, NOR A SOVEREIGN MAN. (The whole matter was charged was to the corporation/Organization, but not the Sovereign man. Which also is a perpetrated fraud too. 17). Washington State Department of Licnesing Uniform Commercial Code, Information Search Acknowledgment, Search Number: 2005-124-2117-5S Search on: ENRIQUE FACUNDO(c)® ANGELINA FACUNDO(c)® GUTIERREZ(c)® ORGANIZATION/TRADE/NAME/TRADE MARK-DEBTORS( ORGANIZATION) (Debtors) file Numbers Searched 2002-184-8890-8 Certified Through Date: May 3, 2005.

one page of 2 18). Notice Concerning Fiduciary Relationship-form 56, 2 pages of, 19). Certificate of Foreign Status of Beneficial O,mer for United States Tax Withholding Substitute Form W-8IMY DeDt. of the Treas/IRS 0MB No. 1545-1621. 2 pages of, 20.). Acknowledgment, Power of Attorney, tow pages of, 21). Copy ofd"er 94-CR-790 (S-1)(DGT) Dismissal to the Defendant ENRIQUE FACLINDO(c)o ORGANIZATION/TRADE/NAME NAME/TRADE MARK-Debtor, one pafie of, 22). Inquiries Regarding this Unlawful Imprisonment "to which it is a Kidnapping" dated Marh 28, 2003, 5 pages of, 23). Tape Conversation Between DEA called Investigator and Enrique Facundo(c)® here are 15 paged of the 35 pages that were recorded during the steam/scheme operation of the DEA and INS agents-extortions done to Enrique Facundo(c)0' place of business, and other 20 more businesses men in New York, Note: Whatever is cited within the Verification which are 7 pages of, and thet this in reference in cited on paraph (23) will be ready if this honorable superior court want/need to see the attached evidences in reference which the proof that I Enrique Facundo(c)® neither was at New York during the matter stated within the alleged Indictment, and PSI, nor has had any knowing concerning the defendants named also in the P.S.I. and with the Indictment as we met each other was when we were presented in that non-constitutional court/equity one. Please do not hasitate to let me know then I will mail it immidiately. If need copies to the adversary parties; would you please reproduce it. Done nunc pro twnc; both, currently and Retroactively March 1979.

Ohio Supreme/superior court ^^. Clerk of same superior court nri e ac Secured Party Creditor 65 South Front Street Columbus torney-inFact Authorized Representative Ohio 45215, in Jurisdiction of superior ^r the Debtor, Ens legis. court/the People's court. Alberto Gonzalez, Attorney General U.S. Depantment of Justice T.R. Sniezek, FSL/FCI Elkton Warden ConstitutionlAvenue^and 10th, 8730;Scroggs Road, Elkton Ohio Washington, D.C. 20530 44415, all d.b.a. Custodians/Trustees/ Harley Lappin, Director B.O.P. Respondents, and Respondents Superiors, Washington, 320 FTrst=Str.eety With Supervised persons, et. al., NW-Washnnqton, D.C. 20534 S. Scott Dodrill., Regional Director Northeast Regional Office U.S. CustomHouse, 7th Floor 2nd and Chestnut Street Philadelphia, Phennsilvania 19106

two page of 2 AUG.-.3U'O1(THU) 10;56 US ATTORNGY'S EDNY

YR.5 e7,AU:jb B.#801,468

UNITED STATES DISTRICT COURT FASTERN DISTRICT OP NEW YORB ------x

UNITED STATES OF AMERICA

- against - . SU P E R S E D I N G I N D I C T M E N T £NRIQUS FACUNDO; Cr. No. 90-00-201(S) (T. 21, U.S.C.^ §§B (a and 846; T. 18, U_S.C., §2)

Defandants. ------x

THE CRAND JURY CBARGES:

CODNT ONE

On orabout.andbetweenMarch 6r 1980and.Apri1..91

198 0jboth' dates beiugapprWtimateand.inclusive; within the

Eastern District of-New York and elsewhere, the defendants,

tNRIQUE FACUNDO,.: }J C^ ^,C G }.^ ^ Z _

F^^_'e``t

Section 841(a) (1) of Title S^. 14nipt^^^^e5

1. It was partQ^ dL^ispiracr'^hat the defendants,

t to_d$K{M0tu4.$^a^'subs'4 -

hydsochl 7vg1Q6 dole ^ bntrolled substance_ ^ ^` 0 , 2. It was .oF^id couspiracy that the

defendants and co-conspiiatom wauld conceal the exietence of

the conspiracy and would take steps designed to prevent di9-

closttre of their activities_ (Title 21, UAited States Code,

Section B46). AUG.-3n'01(THU) 10:56 US ATTORNEY'S EDNY

COUNT TWO.

On orabout March11, 1980; within the Eastern

nistrictof New York,the defendants ENRIQUE FACUNDO,

b C^ )C C) did knowi.ngly and intentionally.distribteapproximately125grams netweight-of cocaine

hydrochloride, a Schedule II narcotic'drug controlled sub-

stance. (Title21, United States Code, Section 841(a)(1) and

Title 18, United States Code, Section 2).

on;pr,:about.March19,^ .. . . . 1980,.yTitHintheEastern ...... District ofNew Yorkand elsewhere,the defandants;3's78lQrss

FACONbO,. }Jc^)cQ. did knowingly and intentionally,.distributeapproximatelg123':grams..

net weightof eoeainehydrochloride,a5chedule II.nareotic drug

controlledsubstance. ( Title21,:.Uni,ted States Ccde, Section

.,_841(a)(1), and:.Title 18.,United Btates.Code,Section 2).

COUNT £O[1R

did knowingly and intentionally poseess with in-

tent to distribute approximately 435 grams of.cocaine hydro-

chloride, a Schedule II narcotic drug controlled substance.

(Title 21, United States Code, Section B91(a)(1) and Title 18,

United States Code, Section 2). -

On or about the 9th day of April, 1980, within the

Eastern Dietrict of Netio York, the defendaats;. )j C-) )CC)- AUG. -30' 01 (THU) 10:57 US ATTORNEY' S EDNY TEL:719 254 6320 P. 004

bcq) Cc.D , ar,a b^ t^.CC^ did )tnowingly and intentionally possess with intent to distribute

aPPrc%imately G94 grams of cocaine. '(Title21y United States

Ccde., Section 8Q1(a).(1) and..Title18;...IInitedStatesCode, Saction 2)". - - -

A TRDE 8I1.L.

oREMAN

^,^^\oo^cal°. YQ^ BDWARD -R. %OR[dAN UNITED STATES ATTDRNEY .$ASTERN DISTRTCT OF NEW YORYC '0o^at^r\ `aaV

i Pp^e^^,e^^ ^ • <.R //i

_1.t" y^ ? ^. U^'ited : ites ^^affitri^^r

LENRI^U£ FACUNDO__j______I DOCKETNO. ^') CR-80-00201(S) , Q :PIiOHATIION/C^,^OtMM[TMENTS;ORDER_ ^ r,^ .n^k^^ • _ AOZ4s®

In the presence of the attorney for the government MoNTH DAY verypt

the defendant appeared in person on this date I 10 21 1 98 0-

CUUNSEL L_J WITHOUT COUNSEL However the court advised defendant of right to counsel and zsked whether defendant deslred t, have counsel appointed by the court and the defendant lhereupon waived assistance of counsel.

, i WITH COUNSEL L-^ymt1I1C^..^[.1S S-AIaA - _ _ _ _ - _ - _ _ _ _ _ - _ - - _ _ (Name of counsel)

^LJ GUILTY, and the court being satisfied that I_J NOLO CONTENDERE, I NOT GUILTf PLEA there is a factual hasis for the plea,

1_J NOT GUILTY. Defendant is discharged _t rl$ There being a finding/verdict of f1^i GUILTY. FR^QQnt1V

Defendant has been convicted as charged of the offense(s) qfû"FjACj^q'@ing TitleQ61. ^^4:'S . Code, FINDING & Section &4t3 ^^'^ S^t,â)tj'.S) anci''T^ô'lC,^n\ c'^" ^• veion^ Z. JUDCMENT %0 e ^ pr ^rcr aTt ^".- R FR P ê . o^ tv tcl REF^15^glblU1e a e , mcP.. Î F^<;i The conri askcd whcthcr dcfundznt had xîhing n^ should not be pronounced.8ecause no sufficient euue to lhe contrar, wzs shown, or appeared to the cmvt, the court adjud efendant guilLy as charged,and convicted and ordered that: The defendant i hereby rommilted to the custudy ur the Attorney Genera authorizcd representative for imprisonmenl for a period of IT IS ADJUDGED ^,,n (^bunt One(1) that the defendant is hereby committed the.:C^tstody of `the Attorney General or his authorized representative sENTEraCE fcir imprisonment..ôr a term of Ten(10) years, and that defendant shall aR becom elig^ble for parole under T-13 USC Sec. 4205(b)(2) at such time PnorATroN as the .Pa•tòle Commission ma.y determine. ORDER Defendant shall pay a fine to the United States in the sum of Teh Thousand Dollars($10,000.,00),. IT IS ADJUDGED on Count Three(3) that the defnndant is hereby committe' to the custody of the Attorney General or his authorized representatit for imprisonment for a term of Ten(10) years, and that defendant shall become eligible.for parole underT-18 USC Sec. 4205(b)(2) at such time SPECIAL as the Parole Commission may determine. Such sentence of intprisonment CONDITIONS shall run. concurrently with8the sentence of imprisonment imposed on OF Cotint One (1) . PRORATION Defendant shall pay a fine to the United States in the sum of Teh Thousand Dollars($10,000.00) for an aggregate fi.ne of Twenty Thousand Dollars($2Q,000.00). Defendant shall also serve a Special Parole Term for the balance of hi life. On motion of Assistant U.S. Attorney Urgenson, Coun$s One(1), Two(2) •rhrerî'^l of thdictmbnt Cr-50-00201 are orderec? dismissed, V-t

1 = CONrRES5I0NAL CONIROLLEID SOBSTANCES AGT MISAPPL•ICATION OF "UMENACTED" FLDFItAL LAW 84 STANLFS AS LARGE 1242-1285

The accused attaches herewith enum ^rated authorities which

establish irrefutable and undeniable proof that the Congressional Controlled

! Substances Act is policy, not law, and is restricted to application within

the jurisaictional parameters of where the federal governmenC lawfully

possesses exclusive legislative jurisdiction.

61 Stat. 633, Sec. 101, requires that an "enacting" clause

is to be placed "on.the face" of the law. The Congressional Coritrolled

Substances Act fails on its face to cornnence with the required enacting

clause.

61 Stat. 634, Sec. 102, requires that a"resolving" clause

is to be placed at the cor.clusion or end of the law. By consulting 84

Stat. 1296, it is found that the Congressional Controlled Substances Act

fails to conclude with a "resolving" clause, however, the "Act" iermediately

following (Pub. L. 91-514) contains the required "enacting" clause, demon-

strating that when Congress intends an enactment into "positive law," it

does so on the face of the law.

68 Stat. 683, Title 18 of the [,'nited States Code, currsnences

:zth the required lanouage of an "enacting" clause, on the face of the

law, oiving the required formal notice to all w-izo may be affected by the

statutory provisions, that the title has been enacted into positive fedei:aj

law, and when its statutory provisicns are properly brought forth bv publi-

cation in the Federal Reeister, and Code of Federal Rem.ilations, the statutory

provision so promulgate3, possess "general" applicability over the nation .i;. k_1h)1VAAf at large.

84 Stat. 1242, Sec. 100, the cortanencemenc of the Congressional

Controlled Substances Act fails to contain the required "enacting" clause

as required under 61 Stat. 633, Sec. 101, thus the Act fails to show its

authority on its face, wtiereby the Actmust be regarded as policy, not

5 law.

6 84 Stat. 12c.3, Sec. 402(c)(1), sets jurisdiction of the Ac;,

7 and its enumerated provisions within the judicial domain of an Article

s III, District Court of the United States. The "arising under" clause con-

9 tained in this section is found in Article III, Sec. 2 of the National

Constitution, identifying the party of interest. When an agent or agency

of the Federal United States, Corporation [28 USC 3002(15)(A)] is carrying

out an Article I, delegated power withih the several sovereign states,

the District Courts of the United States have jurisdiction by way of the

"arising under" clause, w-hether as the complaining party or as a defendant.

If, however, an agent or agency of the Federal United States, Corporation,

operates under Congress' Article IV Iegislative jurisdiction, e.,cclusive

to the geographical "United States," or federal government, the "arising

under" clause does not apply, as the act is perpetrated "under color of

law." In other words, an "Act of Congress," which is locally applicable

to and in force only in the District of Columbia, the Cortononwealth of Puerto

Rico, U.S. Virgin Islands, Guam, and American Samoa, does not Iegitimately

reach the several sovereign states and population at large. See: FRCr.P,

23 Rule 54(C) and 54(2).

24 84 Stat. 1296, Sec. 1200, (C) of the Congressional Controlled

25 Substances Act, concludes with no "resolving" clause, as required under 261 61 Stat. 634, Sec. 102. 271 PARP,LI.EL Tl,ffi.FS OF AUIBuRI= AND RULES (' 96 Fd. ) at p. 758 i 281 utiich provides self-evident proof that the enumerated statutory provisions I under which the accused is charged, convicted, and falsely imprisoned,

2 are noL cited, indicating that the statutory provis?ccs are not published

3 in the Federal Register or are there any published implementing regulations

4 in the Code of Federal Regulations.

5 PARALLEL TAHI.FS OF AITIffDRl^`LFS AND RULES (' 96 Ed.) at p. 811

611 where it is revealed that 84 Stat. 1242-1285 is not cited, thus the Congres-

sional Controlled Substances Act posse.ses no published regulations in

the Federal Register or does the Act possess any published implementing

regulations in the Code of Federal Regulations.

21 C.F.R_ 1311.02(a) and (h) - implementing authorities for

the Federal Drug Enforcement Administration, which at (a) operate under

the non-positive law provision 84 Stat. 1242-1285, and at (h) may lawfully

be applied within specifically defined and circmscribed jurisdictional

parameters ... out of the jurisdiction of any particular sovereign state.

75 104_,Stat. 4933, the congressional progeny to 28 USC 3002(15)(a),

16 defines the "United States" as a Federal Corporation, however, in violation

17 of the Sirth Amendment of the National Constitution (Nature and Cause),

Is and FRCP, Rules 7(c)(1), 10, 11(c)(1), 12(b)(7); 17(a) and (b), and 19, 19 the federal government has fraudulently concealed and misrepresented itself 20 as being other than a federal corporation, while lacking the authoritv 21 to name or represent the natio•i at large as an injured party.

1) 1) 18 USC 1 thxu 12, have not been promulgated in either the Federal

23 Reoister or the Code of Federal ReTalations.

24 18 USC 922-925, have not been promulgated in either the Federal

25 Resister or the Code of Federal Regulations. ?6 18 USC 3231, (62 Stat. 826), has not been promulgated in either

)7 the Federal Register or the Code of Federal Reeulations.

!g 3 ^>/j^ /f,%4'fr

18USC 3551, (98 Stat. 1988), has been prorrrulgated in

the Code of Federal Regulations, under 43 C.F.R. 9260, which governs

public iands in Alaska. The implementing regulations fail to reach

any oth=_r type of conduct, thus the statute and its _-plementing regu-

lation _re at a variance, and therefore fail to proviue specific notice.

Further, by consulting the Parallel Tables of Authorities and Rules,

(1996 ed.) at p. 816, it is found that 98 Stat. 1988 has not been pub-

tished in the Federal Register or the Code of Federal Regulations.

21 USC 841, (84 Stat. 1260, Sec. 401, and 1262, Sec. 402),

neither the U.S. Code citation or statute at large enumeration possess

published regulations in either the Federal Register or the Code of

Fderal Regulations.

21 USC 846, (84 Stat. 1265, Sec. 406), neither the U.S_

Code citation or the statute at large enumeration possess published

regulations in either the Federal Register or the Code of Fedetal Re_ou-

lations.

21 USC 848, (84 Stat. 1265, Sec. 408), while the statute

at large enuneration lacks either an enacting or resolving cieuse,

or published reo+laricros, Subsection 848 of Title 21 possesses a,i

plementing regulation, which is set out under Z8 C.F.R. 524, governing

the classification and program review of federal ir.mates. The implementing regulation fails to give notice of the conduct proscribed under

the U.S. Code citation.

21 USC 952, (84 Stat. 1285, Sec. 1001), c.-hile the statute at large enumeration possesses no published regulations, or enacting or resolving clause, Subsection 952 and 960 of Title 21, possess implementing regulations under 19 C.F.R. 162 and 21 C.F.R. 1311-1312, which

- 4 - s--f ;,,^^^s / (e'^r/ ' 1. ,

T` 77

provide for civil penalties for those who import into the U.S. Customs

Territories of the federal United States, contraband, without a permit

or who fail to pay a specified tax, set out under Subsection 1584 of

Title 19.

26 IISC 4721, 4722, 4751, 4753, in accordance wi.th provisions

of the Federal Narcotic Law, any person who produces, manufactures, imports, compounds, deals in, sells, dispenses, or gives away,narcotic drugs, as defined, must register with the Secretary of the Treasury or his delegate, and pay a special occupational tax. The same is true with respect to persons who traffic in marijuana:

The original statute, imown commonly as the Harrison Nar- cotic Act or the Harrison Anti-Narcotic Act, and subsequent amendments, render mlaw-ful all traffic in narcotics by unregistered persons (21

USC 171) and impose a tax, represented by appropriate stamps on con- tainers or order form, on all transfers of narcotics and marijuana.

See 25 An.Jur. 2d. 35. 1^"_1h /V1 44 § 1503 PUBLIC PRINTING AND DOCUMENTS Ch. 15 Ch. 15 FEDERAL REGISTER AND CFR ^. 170 44 § 1505 all such documents issued, prescribed, or promulgated by the agen- Government Printing Office in a serial publication designated the cy. "Federal Register." The Public Printer shall make available the (Pub.'L. 90-620, Oct. 22, 1968,.82 Stat. 1274; Pub.L. 95-440, § 2, Oct. 10, facilities of the Government Printing Office for the prompt printing 1978, 92 Stat. 1063; Pub.L. 98-497, Title I, § 107(b)(4), Oct. 19, 1984, 98 and distribution of the Federal Register in the manner and at the Stat. 2287.) times required by this chapter and the regulations prescribed under it. The contents of the daily issues shall be indexed and shall HISTORICAL AND STATUTORY NOTES comprise all documents, required or authorized to be published, Revision Notes and Legislative Reports tration", and "Archivist" for "Administra- filed with the Office of the Federal Register up to the time of the 1968 Act. Based on 44 U.S.Code, 1964 tor". day immediately preceding the day of distribution fixed by regula- ed., § 302 (July 26, 1935, c. 417, § 2, 49 1978 Amendment. Pub.L. 95-440 sub- Stat. 500; June 30, 1949, c. 288, Title I, stituted provision for retention of origi- tions under this chapter. There shall be printed with each doc- § 104(a), 63 Stat. 381). nal documents by the General Services ument a copy of the notation, required to be made by section 1503 Administration for prior provision for Senate Report No. 1621, see 1968 U.S. of this title, of the day and hour when, upon filing with the Office, retention in the archives of the National Code Cong. and Adm.News, p. 4438. Archives and inserted provisions dis- the document was made available foi public inspection. Distribu- 1984 Act. Senate Report No. 98-373 pensing with such retention when dis- tion shall be made by delivery or by deposit at a post office at a and House Conference Report No. posals are made in accordance with dis- time in the morning of the day of distribution fixed by regulations 98-1124, see 1984 U.S.Code Cong. and posal schedules and requiring retention Adm.News, p. 3865. of original proclamations of the Presi- prescribed under this chapter. The prices to be charged for the dent and Executive orders as part of the Federal Register may be fixed by the Administrative Committee of National Archives. Amendments the Federal Register established by section 1506 of this title without 1984 Amendment. Pub.L. 98-497 sub- Effective Dates stimted "Archivist of the United States" 1984 Act. Amendment by Pub.L. reference to the restrictions placed upon and fixed for the sale of for "Administrator of General Services", 98-497 effective April 1, 1985, see sec- Government publications by sections 1705 and 1708 of this title. "National Archives and Records Admin- tion 301 of Pub.L. 98-497 set out as a istration" for "General Services Adminis- note under section 2102 of this title. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1274.)

LIBRARYREFERENCES HISTORICAL AND STATUTORY NOTES Administrative Law Revision Notes and Legislative Reports Senate Report No. 1621, see 1968 U.S. Publication, effective date, see Koch, Administrative Law and Practice § 4.96. 1968 Act. Based on 44 U.S:Code, 1964 Code Cong. and Adm.News, p. 4438. American Digest System ed., § 303 (July 26, 1935, c. 417, § 3, 49 Stat. 500). Custody and care of public funds and other property, see United States ^43. Duties of officers and agents and performance thereof, see United States t-41. Encyclopedias LIBRARY REFERENCES Control, regulation, and use of public property, see C.J.S. United States § 74. AdminLstrative Law Duties of officers, agents, and employees, see C.J.S. United States § 41. Publication, effective date; see Koch, Administrative Law and Practice § 4.96. American Digest System WESTI.AW ELECTRONIC RESEARCH Custody and care of public funds and other property, see United States a43. United States cases: 393k[add key number]. Duties of officers and agents and performance thereof, see United States d41. See, also, WESTLAW guide following the Explanation pages of this volume. Encyclopedias Control, regulation, and use of public property, see C.J.S. United States § 74. NOTES OF DECISIONS Duties of officers, agents, and employees, see C.J.S. United States § 41. Effective date I tive until the appropriations for the Government Printing Office had been in- WESTLAW ELECTRONIC RESEARCH , creased but such provisions became ef- United States cases: 393k[add key number]. I. Effective date fective on date appropriations were See, also, WESTLAW guide following the Explanation pages of this volume. Provisions of former § 302 of this title made available. 1935, 38 Op.Atty.Gen. (now this section) did not become effec- 276. § 1505. Documents to be published in Federal Register § 1504. "Federal Register"; printing; contents; distribution; (a) Proclamations and Executive Orders; documents having price general applicabIIity and legal effect; documents required to be Documents required or authorized to be published by section.: published by Congress. There shall be published in the Federal 1505 of this title shall be printed and distributed immediately by the. Register- 168 169 44 § 1505 PUBLIC PRINTING AND DOCUMENTS Ch. 15 Ch. 15 FEDERAL REGISTER AND CFR /// 44 § 1F05

(1) Presidential proclamations and Executive orders, except alternate systems of filing or publication shall have the same effect those not having general applicability and legal effect or effec- as filing with the Office or publication in the Federal Register under tive only against Federal agencies or persons in their capacity this chapter or other law or regulation. With respect to documents as officers, agents, or employees thereof; - promulgated under alternate systems, each agency shall preserve (2) documents or classes of documents that the President the original and two duplicate originals or two certified copies for may determine from time to time have general applicability filing with the Office when the President determines that it is and legal effect; and practicable. (3) documents or classes of documents that may be required (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1274.) so to be published by Act of Congress. HISTORICAL AND STATUTORY NOTES For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect. Revision Notes and Legislative Reports Register Act (now subsec. (a) of this sec- 1968-Act. Based on 44 U.S.Code, 1964 tion), to the Attorney General and Archi- ed., § 395 (July 26, 1935, c. 417, § 5, 49 (b) Documents authorized to be published by regulations; com- vist of the United States, see § 6(a) of Stat. 501; June 25, 1956, c. 444, 70 Stat. ments and news ltems excluded. In addition to the foregoing 337). Ex.Ord. No. 10530, May 11, 1954. 19 F.R. 2709, set out as a note under section 301 there shall also be published in the Federal Register other doc- Senate Report No. 1621, see 1968 U.S. of Title 3, The President. See, also, sec- Code Cong. and Adm.News, p. 4438. uments or classes. of documents authorized to be published by tion 103(b)(1) of Pub.L. 98-497, set out regulations prescribed under this chapter with the approval of the Delegation of Functions as a note under section 2102 of this title. For delegation of functions, vested in President, but comments or news items of any character may not be the President by § 5(a) of the Federal published in the Federal Register. EXECUTIVE ORDERS (c) Suspension of requirements for filing of documents; alternate systems for promulgating, filing, or publishing documents; EXECUTIVE ORDER NO. 11030 preservation of originals. In the event of an attack or threatened June 19, 1962, 27 F.R. 5847, as amended by Ex.Ord. No. 11354, May attack upon the continental United States and a determination by 23, 1967, 32 F.R. 7695; Ex.Ord. No. 12080, Sept. 18, 1978, 43 the President that as a result of an attack or threatened attack- F.R. 42235; Ex.Ord.No. 12608, Sept. 9, 1987, 52 F.R. 34617 (1) publication of the Federal Register or filing of documents PREPARATION, PRESENTATION, FILING, AND PUBLICATION OF EXECUTIVE with the Office of the Federal Register is impracticable, or ORDERS AND PROCLAMATIONS (2) under existing conditions publication in the Federal Reg- ister would not serve to give appropriate notice to the public of By virtue of the authority vested in me (d) The spelling of geographic names by the Federal Register Act (49 Stat. 500, shall conform to the decisioris of the the contents of documents, the President may, without regard as amended; 44 U.S.C. (former] 301 et Board on Geographic Naines, estab- to any other provision of law, suspend all or part of the seq.) [now this chapter], and as Presi- lished by Section 2 of the Act of July 25, requirements of law or regulation for filing with the Office or dent of the United States, I hereby pre- 1947, 61 Stat. 456 (43 U.S.C. 364a) scribe the following regulations govern- [§ 364a of Title 43, Public Lands]. publication in the Federal Register of documents or classes of ing the preparation, presentation, filing, (e) Descriptions of tracts of land shall documents. and publication of Executive orders and proclamations: conform, so far as practicable, to the most recent edition of the "Specifica- The suspensions shall remain in effect until revoked by the Section 1. Form. Proposed Execu- tions for Descriptions of Tracts of Land tive orders and proclamations shall be President, or by concurrent resolution of the Congress. The Presi- for Use in Executive Orders and Procla- prepared in accordance with the follow- dent shall establish alternate systems for promulgating, filing, or mations," prepared by the Bureau of ing requirements: publishing documents or classes of documents affected by such Land Management, Department of the (a) The order or proclamation shall be Interior. suspensions, including requirements relating to their effectiveness given a suitable title. (f) Proposed Executive orders and or validity, that may be considered under the then existing circum- (b) The ordcr or proclamation shall proclamations shall be typewritten on stances practicable to provide public notice of the issuance and of contain a citation of the authority under paper approximately 8 x 13 inches, which it is issued. the contents of the documents. The alternate systems may, without shall have a lef[-hand margin of approxi- (c) Punctuation, capitalization, spell- mately 1'/: inches and a right-hand mar- limitation, provide for the use o egional or specialized publica- ing, and other matters of style shall, in gin of approximately 1 inch, and shall be tions or depositories for documents, of the press, the radio, or .general, conform to the most recent edi- doubled-spaced, exccpt that quotations, similar mediums of general communlc ' n. Compliance with tion of the Style Manual of the United tabulations, and descriptions of land 170 States Government Printing Office. may be single-spaced. 44 U.S.C.0.-T 171 44 § 1505 PUBLIC PRINTING AND DOCUMENTS Ch. 15 Ch. 15 FEDERAL REGISTER AND CFR t7Z 44 § 1505 Note 3 tg) Pzoctamations issuad by thc Presl- statement of thc reasons for such disap. order shall supersede Executive Order The regulations prescribed by this or dent shall conclude with the following- proval. No. 10006 of October 9, 1948. der shall be codified under Title I of the described recitation- Sec. 3. Routing and certiflcation of Code of Federal Regulations. IN WITNESS WHEREOF, I have here- originals and copies. (a) If the order or unto set my hand this ...... day of proclamation is signed by the President, CROSS REFERENCES ...... , in the year of our Lord the original and two copies shall be for- Systematic agency review of operations, see 5 USCA § 305...... , and of the Independence of warded to the Director of the Office of the United States of America, the the Federal Register for publication in LIBRARY REFERENCES the FEDERAL REGISTER. Sec.2. Routing and approval af Administrative Law (b) The Office of the Federal Register drafts. Publication, effective date, see Koch, Administrative Law and Practice § 4.96. shall cause to be placed upon the copies American Digest System (a) A proposed Executive order or of all Executive orders and proclama- Custody and care of public, funds and other property, see United States a43. proclamation shall first be submitted, tions forwarded as provided in subsec- Duties of officers and agents and performance thereof, see United States a41. with seven copies thereof, to the Di- tion (a) of this section the following no- Encyclopedias rector of the Office of Management and tation, to be signed by the Director or by Control, regulation, and use of public property, see C.J.S. United States § 74. Budget, together with a letter, signed by some person authorized by him to sign Duties of officers, agents, and employees, see C.J.S. United States § 41.. the head or other properly authorized such notation: "Certified to be a true officer of the originating Federal agency, copy of the original." explaining the nature, purpose, back- WESTLAW ELECTRONIC RESEARCH ground, and effect of the proposed Exec- Sec. 4. Proclamatlons calling for utive order or proclamation and its rela- the observance of special days or United States cases: 393k[add key number]. tionship, if any, to pertinent laws and events. Except as may be otherwise See, also, WESTLAW guide following the Explanation pages of this volume. other Executive orders or proclamations. provided by law, responsibility for the preparation and presentation of pro- (b) If the Director of the Office of posed proclamations calling for the ob- NOTES OF DECISIONS Management and Budget approves the servance of special days, or other peri- proposed Executive order or proclama- ods of time, or events shall be assigned Actual knowledge, failure to publish Secret matters 11 14 tion, he shall transmit it to the Attorney by the Director of the Office of Manage- General for his consideration as to both ment and Budget to such agencies as he Administrative regulations 5 form and legality. may consider appropriate. Such pro- Construction with other laws 1 1. Constructfon wtth other laws (c) If the Attorney General approves posed proclamations shall be submitted Constructive notice, failure to publish The Administrative Procedure Act, the proposed Executive order or procla- to the Director at least sixty days before 15 § 551 et seq. of Title 5, and this chapter mation, he shall transmit it to the Di- the date of the specified observance. Criminalization of acts, failure to pub- must be read as a part of every congres- rector of the Office of the Federal Reg- Notwithstanding the provisions of Sec- lish 16 sional delegation of authority uttiess spe- ister, National Archives and Records Ad- tion 2, the Director shall transmit any Defense, fallure to publish 17 cifically excepted. Hoich v. U.S., 1954, ministration: Provided, that in cases in- approved commemorative proclama- Documents of general applicability 212 F.2d 2S0, 14 Alaska 594. volving sufficient urgency the Attorney tions to the President. Generally 8 General may transmit it directly to the 2. Purpose Sec. 5. Proclamations of treaties ex- Particular documents 9 President; and provided further, that the eluded. Consonant with the provisions Effect of failure to publish 13 The purpose of this chapter is to notify authority vested in the Attorney General of Section 12 of the Federal Register Act Executive orders 10 industry, general business, and the peo- by this section may be delegated by him, (49 Stat. 503; 44 U.S.C. 1511) [section Failure to publish ple of action taken by the President un- in whole or in part, to the Deputy Attor- der a power granted to him by Congress, ney General, Solicitor General, or to 1511 of this title], nothing in this order Generally 12 shall be construed to apply to treaties, and it is not intended that President such Assistant Attorney General as he Actual knowledge 14 conventions, protocols, or other interna- Constructive notice 15 have to act in same way when action of may designate. the President is directed toward one cer- tional agreements, or proclamations Crlminalization of acts 16 (d) After determining that the pro- tain property or individual. Toledo, P. thereof by the President. Defense 17 posed Executive order or proclamation Effect of failure 13 & W.R.R. v. Stover, D.C.I11.1945, 60 conforms to the requirements of § 1 of See. 6. Definitfon. The term "Presi- F.Supp. 587. this order and i3 free from typographical dential proclamations and Executive or- Force and effect of law, rules and regu- or clerical error, the Director of the Of- ders," as used in Section 5(a) of the lations 4 3. Rules and regulatlons-Generally Federal Register Act (44 U.S.C 1505(a)) Internal management rules 6 fice of the Federal Register shall trans- The binding force and effect of statute mit it and three copies thereof to the (subsec. (a) of this section], shall, except Presumptions 18 or law attaches to duly promulgateci President. as the President or his representative Purpose 2 government agency regulations may hereafter otherwise direct, be whether (e) If the proposed Executive order or Rules and regulations or not person deemed to include such attachments or body publishing them proclamation is disapproved by the Di- Generally 3 was under any obligation to impose thereto as are referred to in the respec- rector of the Office of Management and Administrative regulations 5 duties or restrictions upon himself or tive proclamations or orders. Budget or by the Attorney General, it Force and effect of law 4 others. Northern States Power Co, v, shall not thereafter be presented to the Sec. 7. Prlor order. Upon its publi- Internal management rules 6 Rural Electrification Administration, President unless it is accompanied by a cation in the FEDERAL REGISTER, this Particular regulations 7 D.C. Minn.1965, 248 F.Supp. 616. 172 173 44 § 1505 PUBLIC PRINTING AND DOCUMENTS Ch, 15 Ch. 15 FEDERAL REGISTER AND CFR t T-7 44 § 1g05 Note 14 - Forea ar.d effeet of 1aw and legal effect had force and effect of a- F.Supp. 879, affirmed 228 F.2d 624, cer- gated regulation. Northern States Pow- Rules by government agency of gener- statute and as such was binding upon tiorari denied 76 S.Ct. 849, 351 U.S. 954, er Co. v. Rural Electrification Adminis- al applicability and published in accord- Secretary until repealed or modified by 100 L.Ed. 1477. tration, D.C.Minn.1965, 248 F.Supp. 616. ance with this section have force and him. Sheridan-Wyoming Coal Co. v. Krug, 1949, 172 F.2d 282, 84 U.S.App. Price orders of Office of Price Admin- 13. - Effect of failure effect of statute or law, and are binding istration relating to sales of ethyl alcohol on those persons publishing them as D.C. 288, reversed on other grounds 70 * Since the "custom and tvritten inter- to Government for wartime purposes S.Ct. 392, 338 U.S. 621, 94 L.Ed. 393. pretation" of the West Point cadet honor well as the general public until such were not orders of "general applicabili- code has neither been published in the time as they be repealed or modified. R.E.A. bulletin, published in Register, ty", and, therefore, were not required to Federal Register nor distributed under Northern States Power Co. v. Rural Elec- regarding policy and procedures for ap- trification Administration, D.C.Minn. be published in Federal Register by pro- academy auspices, it does not create le- proval of loan for generation or trans- vision of this section requiring publica- gally binding rights or obligations. An- 1965, 248 F.Supp. 616. mission facilities appeared to constitute tion in Federal Register of documents drews v. Knowlton, a duly promulgated regulation enacted C.A.N.Y.1975, 509 5. - Administrative regulations having general applicability. R.F.C. V. within authority of R.E.A., and was a F.2d 898, certiorari denied 96 S.Ct. 142, Regulation promulgated by Federal United Distillers Products Corp., D.C. pronouncement having the force and ef- 468, 423 U.S. 873, 46 L.Ed.2d 105. Administrator of Price Control under Conn.1952, 113 F.Supp. affirmed fect of law, contrary to contention that it 204 F.2d 511. Federal Register Act was not violated Emergency Price Control Act, 50 App., was a mere statement or notice of policy by nonpublication of program opera- former § 901 et seq., fixing maximum made at request or congressional com- 10. Exeautive orders tions manual systems guidelines, which price for nylon hose was an "administra- mittee. Northern States Power Co. v. Executive orders carry force and effect govern calculation of retroactive old age, tive regulation of general applicability" Rural Electrification Administration, of law if they are issued pursuant to survivors disability insurance benefits which was required to be printed in Fed- D.C.Minn.1965, 248 F.Supp. 616. constitutlonal or statutory authority. and supplemental security income, as eral Register. Hall v. Chaltis, D.C.Mun. Commodity Credit Corporation's regu- Legal Aid Soc. of Alameda County v. there is no requirement that program App.1943, 31 A.2d699. lations, duly promulgated and published Brennan, D.C.Cal.1974, 381 F.Supp. 125. operations manual system guicfelines be, 6. - Internal management rules in Federal Register, had all binding The President's Ex.Ord. No. 9108 published. White v. Bowen, S.D.N.Y. Fact that Civil Service Commission force and effect of law, and were bind- March 21, 1942, delegating Director of 1986, 636 F.Supp. 1235, affirmed 835 Federal Personnel Manual and Depart- ing upon all persons who might come Office of Defense Transportation to as- F.2d 974. ment of Agriculture Regulations were within their provisions. U.S. v. Spring- sume control of a railroad for war pur- Absent presidential determination for not filed with Federal Register or pub- field Fire & Marine Ins. Co., D.C.Mo. poses was not invalid for failure to fol- publication, Federal Register publication lished in Code of Federal Regulations 1952, 107 F.Supp. 753, affirmed 207 F.2d low form of former §§ 301 to 310, 311 to of provisions of Internal Revenue Ser- did not limit their efficacy in regard to 935. 314 of this title [now covered in this vice handbook and policy statement of reduction-in-personnel procedures, since United States Department of Agricul- chapter], where Executive Order was of the Commissioner of Internal Revenue such procedures are "related solely to ture regulations, which had been pub- special applicability and former § 305 of authorizing taxpayer examination of the internal personnel rules and practices" lished in the Federal Register, had force this title [now this section] required pub- transcript of any statement given to the and "have no general applicability and of law and commanded judicial notice. lication in Federal Register of all Execu- Service was not required by this section. legal effect". Hicks v. Freeman, C.A.N. Marshall Produce Co. V. St. Paul Fire & tive Orders except such as had no gener. U.S. v. DeVaughn, D.C.Md.1976, 414 C.1968, 397 F.2d 193, certiorari denied Marine Ins. Co., 1959, 98 N.W.2d 280, al applicability and legal effect. Toledo, F.Supp. 774, affirmed 556 F.2d 575, cer- 89 S.Ct. 717, 393 U.S. 1064, 21 L.Ed.2d Minn. 404. P.W.R.R. v. Stover, D.C.I1l.1945, 60 tiorari denied 98 S-Ct. 479, 434 U.S. 954, 707. F.Supp. 587. 54 L.Ed.2d 312, rehearing denied 98 Documents of general applicabili- S.Ct. 753, 434 U.S. 1025, 54 L.Ed.2d 773. The Comptroller General's designation ty-Generally of one of his employees to certify copies Where order of Alien Property Custo- rrlnsofar^ asregulations respecting-^\ Navy port regulation not published in of records in the General Accounting dian under Trading With the Enemy Act, admittance to naval installations and se- Federal Register was not effective. In re Office is not invalid because not publish- 50 App. § 1 et seq., is directed to certain curity procedures applied to Naval Gun Pacific Far East Line, Inc., D.C.Cal.1970, ed in Federal Register. U.S. v. Hayes, individual, it is not of general applicabil- Factory in District of Columbia, they 314 F.Supp. 1339, affirmed 472 F.2d C.A.Va.1963, 325 F.2d 307. ity, and this section does not require it to were not required to be published in 1382. Order of Coast Guard closing area of be published. Brownell v. Schering Federal Register in order to establish 14. - Actual knowledge harbor in connection with launching of Corp., D.C.N.J.1955, 129 F.Supp. 879, af- their validity. Cafeteria and Restaurant Publication of Coast Guard order re- submarine was not one relating to inter- firmed 228 F.2d 624, certiorari denied 76 Workers Union, Local 473, AFL-CIO v. stricting access io portion of harbor dur- nal management of Coast Guard, within S.Ct. 849, 351 U.S. 954, 100 L.Ed. 1477. McElroy, 1960, 284 F.2d 173, 109 US. ing launching of submarine was re- section of Administrative Procedure Act, App.D.C. 39, affirmed 81 S.Ct. 1743, 367. 9. - Particular documents quired by provision of Administrative § 551 et seq. of Title 5, omitting rules U.S. 886, 6 L.Ed.2d 1230, motion denied This section did not require publica- Procedure Act, § 551 et seq. of Title 5, as relating splely to internal management 81 S.Ct. 1912, 366 U.S. 956, 6 L.Ed.2d of agency from requirement of publication of directive of Alien Property Custo- well as this section, but under § 551 et dian under Trading With the Enemy Act, 1251, rehearing denied 82 S.Ct. 22, 368 seq. of Title 5, as under this section, tion in Federal Register. U.S. v. Aarons, U.S. 869, 7 L.Ed.2d 70. C.A.Conn.1962, 310 F.2d 341. 50 App. § 1 et seq., that directors of New failure to publish did not immunize de- Jersey corporation, whose stock was 12., Failure to publish-Generally fendants, who had actual knowledge of 7. - Particular regulations owned by German nationals, should exe- Burden is on those making publication order, from prosecution for violating it. A regulation by Secretary of Interior cute agreement to assign old patents of in Register to clearly cornmunicate some U.S. v. Aarons, C.A.Conn.1962, 310 F.2d 341. relative to the leasing of federal coal corporation to Alien Property Custodian other intent in publiwtion of statement lands, when published in the Federal and license new patents. Brownell v. therein, if publication is not intended to Where, on effecti e ate of price regu- Register as one of general applicability Schering Corp., D.C.N.J.1955, 129 have the binding effect of a duly promul- lation reducing ma imt price of nylon 174 175 44 q I505PUBLIC PRINTING AND DOCUMENTS Ch. 15 Ch. 15 FEDERAL REGISTER AND CFR -t' ^/ 44 § 1506 'Note 14 hose, storekeeper, who had no notice, or Crlminailzatlon of acts (3) the manner and form in which theUFederal Register shall reasonable opportunity to acquire no- The Administrative Procedure Act, be printed, reprinted, compiled, indexed, bound, and distribut. tice, of lower price ceiling charged cus- § 551 et seq. of Title 5, and this chapter tomer 85 cents more than new ceiling require publication, irrespective of actu- ed; price, under Emergency Price Control al notice, as a prerequisite to issuance of (4) the number of copies of the Federal Register, which shall Act, 50 App., former § 925, authorizing a regulation making certain acts crimi- person who had been overcharged in be printed, reprinted, and compiled, the number which shall be violation of price regulation to'bring an nal. Hotch v. U.S., 1954, 212 F.2d 280, 14 Alaska 594. distributed without charge to Members of Congress, officers action" either for $50 or for treble amount o.f overcharge, judgment for cus- and employees of the United States, or Federal agency, for 17. - Defense tomer for 85 cents only was proper. official use, and the number which shall be available for distri- Hall v. Chaltis, D.C.Mun.App. 1943, 31 Publication of Coast Guard order re- bution to the public; and A.2d 699. stricting access to portion of harbor dur- 15. - Constructive notice ing launching of submarine was re- (5) the prices to be charged for individual copies of, and quired under this chapter and regula- Armed Services Procurement Regula- subscriptions to, the Federal Register and reprints and bound tions issued pursuant thereto, but failure tions, even where not directly binding, to publish did not render order invalid volumes of it. provide useful and valuable guidelines as against defendants, prosecuted for vi- for resolution of all government contract (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1275; Pub.L: 98-497, Title I, cases and, insofar as regulations are ap- olating order, who had actual knowledge § 107(b)(5), Oct. 19, 1984, 98 Stat. 2287.) plieable, they constitute constructive no- of it. U.S. v. Aarons, C.A.Conn.1962, 310 tice to contractors to extent they are F.2d 341. HISTORICAL AND STATUTORY NOTES published in the federal register. Win- ston Bros. Co. v. U.S., 1972, 458 F.2d 49, 18. Presumptions Revision Notes and Legislative Reports and distribute functions within the Gen- 198 Ct.Cl. 37. In determining whether it is unlawful 1968 Act. Based on 44 U.S.Code, 1964 eral Services Administration, does not Where seaman and general agent of for an alien immigrant to obtain a visa ed., §§ 306, 391 (part) (July 26, 1935, c. extend to the Committee or its func- the United States were governed by war- ahead of his turn on waiting list, that 417, § 6, 49 Stat. 501; June 30, 1949, c. tions." time statutes, Presidential orders and notes issued by Secretary of State upon 288, Title I, § 104, 63 Stat. 381). War Shipping Administration regula- recommendation of Secretary of Labor This section incorporates only the last Effective Dates 1984 Act. Amendment by Pub.L. tions, and the standard form of general to effect that issuance of visas out of sentence from former section 391(b). agency agreement was a matter of public turn was a violation of law were not The remainder of that section will be 98-497 effective April 1, 1985, see seo- record, seaman was charged with con- published in Federal Register permitted found in sections 2102, 2301, 2501, and tion 301 of Pub.L. 98-497, set out as a structive notice of Government owner- inference that notes were not intended 2902 of the revision. note under section 2102 of this title. ship of vessel and operation. Bohannon to have general applicability and legal Senate Report No. 1621, see 1968 U.S. v. American Petroleum Transport Corp., effect. U.S. v. Birnbaum, D.C.N.Y.1944, Delegation of Functions Code Cong. and Adm.News, p. 4438. For delegation of functions, vested in D.C.N.Y.1949, 86 F.Supp. 1003. 55 F.Supp. 356. 1984 Act. Senate Report No. 98-373 the President by section 6 of the Federal and House Conference Report No. Register Act [now this section], to the 98-1124, see 1984 U.S.Cade Cong. and Attorney General and Archivist of.the § 1506. Administrative Committee of the Federal Register; Adm.News, p. 3865. United States, see § 6(b) of Ex.Ord. No. establishment and composition; powers and duties Amendments 10530, May 11, 1954, 19 F.R. 2709, set 1984 Amendment. Pub. L. 98-497 out as a note under section 301 of Title The Administrative Committee of the Federal Register shall con- struck out'The authority of the Admin- 3, The President. See, also, section istrator of General Services, under sec- 103(b)(1) of Pub.L. 98-497, set out as a sist of the Archivist of the United States or Acting Archivist, who tion 754 of Title 40, to regroup, transfer, note under section 2102 of this title. shall be chairman, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public CROSSREFERENCES Printer. The Director of the Federal Register shall act as secretary Archivist of the United States, see 44 USCA § 2102. of the committee. The committee shall prescribe, with the approval of the President, regulations for carrying out this chapter. The LIBRARY REFERENCES regulations shall provide, among other things- Administrative Law (i) the manner of certification of copies required to be certi- Administrative Committee, functions and services, see 1 C.F.R. § 1.1 et seq. Publication, effective date, see Koch, Administrative Law and Practice § 4.96. fied under section 1503 of this title, which certification may be American Digest System permitted to be based upon confirmed communications from Custody, care, and use of records in general, see Records ^13. outside the District of Columbia; Duties of officers and agents and performance thereof, see United States ^41. Encyclopedias (2) the documents which shall be authorized under section Custody, care, and use of records in general, see C.J.S. Records § 34. 1505(b) of this title to be published in the Federal Register; Duties of officers, agents, and employees, see C.J.S. United States § 41. 176 177 Vational C; IV7OS Office of the Federal Register Washington, DC 20408

July 29, 1997

Mr. 7oshamaul Morris

FCI Milan P.O. Box 1000 Milan, MI 48160

Dear Mr. Morris,

Thank you for your letter requesting information regarding the Parallel Table of authorities.

The Parallel Table is merely an extract of authority citations in the CFR data base. It was not designed to function as a comprehensive key to the statutory basis of all regulations, and the presence or absence of entries in the Parallel Table has no legal effect.

You requested information reeardins CFR regulations published by authority of the following U.S. Code cites: 18 U.S.C. 371 , 924(c); 21 CFR 841, 846, and 26 CFR 5861. According to the most recent version of the Parallel Table, included in the 1997 revision of the Code of Fedetal ReauIations Index, no rezulations have been published under the authority of the above citations.

I hope this information is of some assistance to you. Please let us know if we can be of further help.

Sincerely,

Customer Service Unit Office of the Federal Register National Archives and Records Administration

Nalional Archfves and Recordt Admfnistrarion al h . Vation lVL Office of the Federal Register Washington, DC 20408

June 30, 1998

Mr. Bill Ables Federal Correctional Facility P.O. Box 130 Elkton, OH 44415

Dear Ivlr. Ables:

Thaa you for your letter regarding 21 U.S.C. 841 and 846. You are correct. The Parallel Table ofAuthorities and Rules does not include these particular U.S.C. citations. Enclosed is a copy of the first page of the January 1998 edition of the tables. The highlighted paragraph states that Federal agencies are responsible for keeping these entries accurate and up-to-date and that the table cannot be considered all-inclusive. For further information, we suggest you contact the issuing agency.

We are unable to determine out the subject of your request or the Federal aeency responsible for any implementing regulations from the U.S. Code citation. In any future cotrespondence. please identify the subject of your interest and/or the issuing agency.

As for your request regarding 5 U.S.C. 552 et_ seq., the enclosed copy of pages 710 and 711 of the tables indicate that numerous regulations are involved in section 552. Again, we'll need more infotmation to help you.

The Code of Federal Regulations is available on the Intemet at http://www.nara.gov/fedres/. You can search for U.S. Code citations at http:/www.legal.gsa.gov/.

If we can be of further assistance, please call or write. Our telephone number is (202) 523-5227. Our mailing address is National Archives and Records Adnunistration, Office of the Federal Register, Washington, DC 20408.

Sincerely,

Customer Service Office of the Federal Register

Narional Archives ar.d Records A+uninisrratiore U.S. Department of Justice

Office of Information and Privacy

Te!ephane_ (202) 514-3642 Washingran, D.C. 20530

April 13, 1998

Mr. Norman E. Black.

P.O. Box 130 Elkton, OH 44415 Re: OIP/98-R0456

Dear Mr. Black:

This responds to your Freedom of Information Act request, which was received by this Office on Anril 6, 1998, for records pertaining to the Code of Federal Regulations' citations for 18 U.S.C. g 2, 21 U.S.C. § 841 et sea., and 21 U.S.C. § 846 et sea.

Please be advised that based on the information provided, we could locate no records responsive to your reaues£. For your information, FOIA does not reQuire Faencies to create records or to conduct research; we are only able to provide you with records which exist and can be located in Department files. However, in an effort to be of assistance, we searched an electronic database usina the abovementioned statutes, but no corresponding regulations were listed. If you are not able to locate the citations you seek in the Code of Federal Regulations using the statutes you reference, then cdrresponding regulations may not have been promulgated.

in order to assist you in any future FOIA requests you may make, I have -enclosed the "List of Department of Justice Comoo- nents, Functions and Records Maintained." I hope you find this information helpful.

Sincerely,

Kathleen C..Dale Paralegal Specialist

Enclosure ^-^. ucyaauuuu vr duDl1CC

Drug Enforcement Administration

06-04-96

Washington. D.C. 20537

Request Number: 96-1075-F Subject of Request: FEDERAL REGULATIONS IMPLEMENTING 21 USC SECTIONS 841-851 / CARTER, DUNCAN

FCIFLORENCE P.O. BOX 6000 FLORENCE, CO 81226

DEAR DUNCAN CARTER: Your Freedom of Information/Privacy Act request to the Drug Enforcement Administration (DEA) has been reviewed. The paragraphs checked below apply: ( l Preliminary review of DEA indices indicates that there are a number of DEA files that contain references to the subject of your request. It is estimated that up to to six months will be required to locate and process for release the material contained in these files. You will be notified if an advance fea deposit will be required before processed documents can be released. A review of DEA indices indicates that records responsive to your request are now being held by the Federal Records Center. We have asked that these documents be sent to us for processing. When they are received and processed, nonexempt parts will be relea.sed to you. All DEA records responsive to your request hav'e been located and are now being processed. You can expect to receive nonexempt portions of these documents within ninety days.

DEA has located documents that are responsive to you request• however, these documents were onginated by another agency. Copies of these documents have been forwarded to the originating agency for processing and direct response to you.

There is an ongoing criminal investi gation that may involve the subject of your request. Therefore, pursuant to 5 U.S.C. 552 (b)(7)(A), the documents you request are exempt from disclosure at this time. You may refile your request at a later date. X J DEA has located no records which are res nsive to your request. (please see attached comments page) If you wish to ap eal any denial of your request, you'may do so within th u' ty {30) davs pursuant to 28 C.F.R. 1b.8 and/or 16.48. The ap peal should be sent to the Yoilowing address, with the envelope marked 'FO(PA Appeal'. Co-Director Office of Information ond Privacy FLAG Building, Suite 570 Washington, D.C. 20530

Multi Purpose ITEM V:

DEA has no record of this information. It is suggested that the Department of Commerce be contacted for this infonnation.

Department of Commerce 14th & Constitution Avenue, NW Washington, DC 20230

ITEM VI:

This information is in the Federal Reeister.

ITEM VII:

DEA has no record of this information. It is suggested that the District Court should be contacted for this information.

U.S. District Court 500 Indiana Avenue, I'W Washington, DC 20001

In response to your second request (undated) to the DEA, the following information is provided:

ITEM I:

There is no information regarding the implementing regulations for 21 U.S.C. 841(a)(1) and 8461isted in the C.F.R.

ITEM II:

This information is in the Federal Register.

ITEM III:

This infon-nation is in the Federal Register. TITL.FS OF Ut^,Trl`E1D ST:dCES CODE

* 1. Gencra) Provisions 27. Intoxicating L3quors

2. Thc Congress * 28. Judiciary and Sudicial Procedure; Appendix * 3. The President 29.I abor * 4. Flag and Seal, Seat of Government and the States 30. Mineral Lands and bfndng

5. Govemment Ocganization and * 31. Money and Finance Employees; Appendiz * 32. National Guard ¢'} 6_[Surety73onds] 33. Navigation and Navigable Waters 7. Agcicnlturre t 34. jNavy] 8. Aliens and Nationality * 9. Atbitcation * 35. Patents

* 10. Armed Forces * 36. Pattiotic and National - Observances, Ceremonies, * 11. Banktuptcy and OrgsnizaTions

12. Banks and Bauking * 37. Pay and Allowances of the Uniformed Services * 13. Census * 38.Yeterans' Benefits * 14. Coast Guard •* 39. Postal Service 15. Commrsce and Trade 40. Public Buildings, Properly, and Works 16. Conservation 41. Public Contracts * 17. Copynghts 42. The Public Health and Welfatc * 13. Crimes and Ctiroinal Prucedure: Appendix 43. Public Lands

19. Clzstonvs Duties * 44. Public Printing and Documents

20.$ducation 45. Railroads

21. Food and Dnigs * * 46. Shipping: Appendix •

22. Foreign Relations and littercotuse 47. Telegcaphs, Telephones; end Radiotele- gaphs * 23. Highways 48. Tenitories and Insular Possessions 24. Hospitals and Asylums * 49. Ttansportation 25. Indians 50. War and National Defense; 26. Intemal Revenue Code Appendix

* TAfs title has been enacted as positive law. - ** Subtitles 3I and Itf of this fitle have becn cnacted ac pos{fiva law. t Thfs tifle has been superseded by thc enactmeut of Ttle 10 as positive law. tt T6is title has been supeeseded by the enachuent of 15tle 31 as pOsitive Iaw. Titles of the United States Code which have been enacted into posilive law are legal evidence of the general and pecmanent laws, white nonpositive law titles only establisb prima fac[e Ihe law5 of the United States (I USCS § 204(a)). Consnlt pocket part suppleements for any subsequeot cLanges to the list of Tides of the United Stafes Code.

NOTE: According to the above list of 50 United State Codes, (not regulations) there are only 20 of them as listed, are considered 'Positive law', and the remaining balance of 30 Titles are considered 'Non-Postive Law' titles.only establishixig 'Prima Facie' the laws of the United States. BLACIC"S LAW DICTIONARY's definition of the term 'prima facie' means, 'At first sight; (it seems to be 'true', but ilpotl further evidence or information is determined to be untrue, or a 'lie') on first appearance (thought to be true) ... 'Sufficient to establish a fact'or raise a pi-esulnption unless disproved or reliutted'... - It is a legal twist of words which can more simplybe put as "It has-the color of truth, and will stand only by presumption as the truth, unless or until proven to be the 'LIE' THAT IT IS." STATE OF NEW YORK DEPARTMENT OF STATE .-41 -STATE:STREET . ALeANY, NY.1 2231-0001

GEORGE E. PATAKI RANDY A. DANIELS

GOVMNOR SCCF£iARYOFBATE

FILING ACKNOWLEDGMENT 7uly29, 2005 ENRIQUE FACUNDO C/O 4804 SOUTH WOLCOTT AVE. CHICAGO IL 60609

At[ached is the acknowledgment copy of your recently subnntted filing. This filing consists of a. total of 11 pages; liowever, only the frrst page of the filed document is returned as part of this acknowledgment. This document has been filed with the New York State Departxnent of State, Unifotm Comm.eroial Code Division.

T'lieFinancingStatemeritAmendmenthasbeenassignedFilingNuinber:200507290841084,FilingDate:07/29/2005. This document has been appended to initial Financing Statement Filing Number: 2004 11 Q9112791 1, which was filed on 11/09/2004. This action added or changed the name of the specified Debtor to iead as follotvs:

Debtor's Name & Address

ENRIQUE FACUNDO, ANGELINA FACUNDO GUT1BRItEZ, ORGANIZATION/TRADE NAME/TRADE MARK-DEBTORS 159-08 65T'II A'VENUE . FRESII MEADOWS NY 11365

The initial Financing Stateiiient will lapse on 01/01/9999 unless continued.

If you have any conceins regarding the way this document is recorded, please contact one of our Cnstomer Service Representatives at (518) 474-4763, or respond in writing to the UCC Data Processing Unit at the address indicated above.

Uniform Commercial Code Division Data Processing Unit REF #: 109049

W • 10 ' P.AWL MFO^DOSStATENY.US Washington State Department of Licensing Uniform Dornrner_r.ia! Code Information Search Acknowledgment

ENRIQUE FACUNDO 4804 S WOLCOIT AVE CHICAGO IL 60609

Search Number: 2005-124-2117-5S Search On: ENRIQUE FACUNDO, ANGELINA FACUNDO GUTIERREZ, ORGANIZATIONlfRADE NAME/TRADE MARK-DEBTORS ( Organization ) (Debtor) File Numbers Searched: 2002-184-8890-8, ^ Certified Through Date: May 3; 2005 Search Type: All Result Type: Details Include Lapsed: No Fee Amount($US): $26.57

Initial Filing #2002-184-8890-8 File Date Jul 2, 2002 Lapse Date None. Debtor FACUNDO, ENRIQUE, N/A P.O. BOX 10 FCI ELKTON LISBON, OH 44432

Secured Party Facundo, Enrique, N/A In care of: 159-08 65th Avenue Fresh Meadows„ NY 11365 I Search Results for Search Number #2005-124-2117-55 Page 2 The above listing is a record of all financing statements and liens for the specific name requested and which are currently on file in the Department of Licensing as of the certified through date. The Department of Licensing hereby disclaims responsibility in this record search and certification other than the name specified in your request for information. A search limited to a particular city, date, or file number may not reveal all filings against a debtor searched and the searcher bears the risk of relying on such a search.

5/4/2005

Director, Department of Licensing RA Fcrln W Notice Concerning Fiduciary Relationship (Rev. July 20041 0M0 No. 1545-0013 Depanmenl ol lhe Treasury Internal Revenue Service (Internal Revenue Code sections 6036 and 6903) Pa"rt:1 Identification

Name of person for whom you are acting (as shown on the tax return) Identifyinr number eecedent's social security no. ENRIQUE FACUNDO(c)® Address ol person for whom you are acting (numher, street, and room dr suite no.) Enrique Facundo(c)® City or town, state, artd ZIP code (If a foreign addmss, see instmctions.) Fresh Meadows,15908 65th Avenue,New York Fiauoiary's name ENRIQUE FACUNDO(c)o Address of fiduciary (number, street, and room or suite no.) Enriqtte Facundo(c)® City or town, state, and ZIP code _ Telephone number (optlonal) . - . Fresh Meadows,15908 65th Avenue,New York ( jIn' Writing Only Part;ll Authority

1 Authority for fiduciary relationship. Check applicable box: a(1) q Will and codicils or court order appointing fiduciary ....^ . .... (2) Date of death ...... b(1) q Court order appointing fiduciary ...... ^ . . . (2) Date (see instructions) ...... c q Valid trust Instrumentand amendments - ^- Birth Certi fi cate Di3te: 1112011943 Assignment:date ^same, d Other. Describe ► •--•--•------•------..-..._-°-•------

Part III1: Nature of Liability and Tax Notices

2 Type of tax (estate, gift, generation-skipping transfer, income, ezcise, etc.) ► . E x e m p t ...... 3 Federal tax form number (706, 1040, 1041, 1120, etc.) ► ...... 4 Year(s) or period(s) (if estate tax, date of death) ► ...... 5 If the fiduciarylisted in Part I is the person to whom notices and other written communications should be sent for all items q described on lines 2, 3, and 4, check here ...... ► 6 If the fiduciary listed in Part I is the person to whom notices and other written communications should be sent for some (but not all) q of the items described on lines 2, 3, and 4, check here ► and list the applicable Federal tax form number and the year(s) or period(s) applicable ------...... -...... -'------b ------...... ------...... ------.. ------..°.-.-----`------'--

Part;IV: Revocation or Termination of Notice Section A-Total Revocation or Termination 7 Check this box if you are revoking or terminating all prior notices concerning fiduciary relatlonships on file with the Internal Revenue Service for the same tax matters and years or periods covered by this notice concerning fiduciary relationship - ► IX) Reason for termination of fiduciary relationship. Check applicable box: a q Court order revoking fiduciary authority b q Certificate of dissolution or termination of a business entity c® Other.'Describe' ► UCC-1 Reorganization/Foreclosure Date:July 2, 2002 Section B-Partial Revocation 6a Check this box if you are revoking earlier notices concerning fiduciary relationshlps on file with the Internal Revenue Service for q the same tax matters and years or periods covered by this notice concerning fiduciary relationship ...... ► b Specify to whom granted, date, and address, including ZIP code. ------...... _..-.------► Section C-Substitute Fiduciary 9 Check this box if a new fiduciary or fiduciaries have been or will be substituted for the revoking or terminating fiduciary and q soecify the name(s) and address(es), including ZIP code(s), of the new fiduciary(ies) ...... ► ...... `...... ------.-..------••--•-•--....------►

For Paperwork Reduction Act and Privacy Act Notice, see back page. Cat. No. 163751 Form 56 (Rev, 7-2004) Form 56 (nov. 7-2004) Page 2 partiV- Court and Administrative Proceedings Date proceeding initiated Name of court (if other than a court proceeding, identlfy the.rype of proceeding and name of agency) Non-Judicial Agreement-UCC-1 Secretary of State 11/09/2004 Address of court Docket number of proceeding UCC-Rec. 1/ 200411091127911 City or town, state, and ZIP code Date Time a.m. Place of other proceedings p,m. Dept of the Treas

Part:Vl Signature ENRIQUE FACUNDO Zc)® I certify that I have the authority to execute this notice conceming fiduciary retatlonship an behalf of the taxpayer. Please Sign Here Authorized.Representative /11/20/1961 Title, it applicable Date unc '^ro Tunc

Form 56 (aev.7•2aoa)

11 Substitute Certificate of Foreign Status 0MB Form':;W-8IMY of Beneficial uwner for No. 1545-1621 Dept. of the United States Tax Withholding Treas./IRS

Give this form to the withholding agent or payer. Do not send to the IRS.

Part 1 < Identification of Beneficial Owner ENRIQUE FACUNDO(c)® 2, New York/Republic Beneficial Owner Country (state Republic)

3. Tax-exempt organization 4. Permanent Address: Type of Benefidial Owner 15908 65th Avenue New York Reference Number (postal code NOT appropriate)

6 . c/o 159-08 65TH AVENUE FRESH MEADOWS, N.Y. 11365 Part 2 < Claim of Tax Treaty.Benefits if iff^froin 7. I certify that: Mai ing a ress above) a.] The beneficial owner is a resident of NEW YORK within the meaning of the income tax treaty between the United States and that country. b.] The beneficial owner is not an individual, derives the item (or items) on income for which the treaty benefits are claimed, and, if applicable, meets the requirements of the treaty provision dealing with limitation on benefits. c.] The beneficial owner is.not an individual, is claiming treaty benefits for dividends received from a foreign corporation or interest from a U.S. trade or business of a foreign corporation, and meets'qualified resident status. d.] Benefici.al own is a Foreign Intermediary, and is a'Foreign Private Foundation' that is subject to the Y excise tax on gross investment income, it is not required to have a TIN, nor is a TIN requi.red to claim treaty benefits under the Securities Act of 1933, and the Invest- ment Company Act of 1940 (mutual fund)

Part 3 < Notional Principal Contracts

8. I am providing the following 26USC and 26CFR sites, as a statement by affidavit that identifies those 'Notional Principal Contracts' from which the items (FRN's) of income is not effectively connected with the conduct of a trade or business in the United States. I agree to update this statement as required.

Page #1 of 2 Substitute Form W-BIMY Dept. of the Treas./IRS

• - "Gross Income" - (26USC § 872 & § 882(b)) • "U.S. Person" - (26USC § 7701(30), 1USC § 1) • "Income Effectively Connected" - (26USC § 884(f)(2)) ^ "Trade or Business" - (26USC § 7701(a)(26)) ± - "Person Liable for Tax" - (26USC § 5005) •-"Persori Required to File or Keep Records" -(26USC § 6049(b)(4) & § 7343 & 26USC §6045(c)(4) & 26CFR Ch.1 301.6011-2) •.- "United States" - (26USC § 927(d) & § 993(g), § 7652,"26CFR 31.3121(e)-l(b) 28USC § 3002(15), 18USC § 5) • - "State" - (18USC Rule 54(c), 26CFR 31.3121(e)-1(a)) • - "Federal Jurisdiction" - (18USC § 13) •-"Obligations of the United States" - (18USC § 8, 26CFR 1.1275) •-"Territorial Jurisdiction of the U.S." -(18USC § 7)

Part 4 <.Certification

0MB Office, as approved by 'Regulatory' authority under 0MB No. 1545-1621, ONLY requires that the substitute Form W-SIMY, to.be valid, must offer it's. information and certification to be attested to by the penalties of perjury statement. This 'certification' is not subject to a limited time period; remaining valid until the status of the person whose name is on the certificate is changed in a way relevant to the certificate or circumstances change that makes the information on the certificate no longer correct. Under penalties of perjury, under the laws of the united states of America, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify that: 1.] I am the beneficial owner (or am authorized to sign for the beneficial owner) of all the income to which this form relates, 2.] The beneficial owner is not a U.S. Person. 3.] The income to which this form relates is (a) not effectively connected but is not subject to tax under an income tax treaty, or (c) the part- ner's share of a partnership's effectively connected income, and 4.] For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which I am the beneficial owner or any withholding agent that can disburse or make pay-. ntents of the inconle-of which I am the beneficial owner.

November 20/1961/Authorized Representative S*mCre of aarr (or individu3l MM DD YYYY Capacity in which athorized to slgn for bainfi^-ial o"r) Date: acting: Without prejudice UCC1-207 (Nunc pro tunc) (18th Birthday) Ref: EF.

Page#2of2 ACKNOWLEDGMENT

Grant of Exclusive Power of Attorney to conduct all tax, Business, and Legal affairs of Principal Person.

POWER OF ATTORNEY

1) ENRIQUE FACUNDO(c) DEBTOR,. 159-08 65TH AVENUE, FRESH MEADOWS, NEW YORK, 11365, and/or 4808 SOUTH WOLCOTT AVENUE, CHICAGO, ILLINOIS, 60609, does hereby appoin-t Enrique Facundo(c) Creditor, c/o 159-08 65th Avenue, fresh Meadows, NY Near [11365] and/or 4804 South Wolcott Avenue, Chicago, Illinois Near [60609] as my Private attorney-in-Fact, to take exclusive charge of, manage, and conduct all of my tax, business and legal affairs, and limitation on powers necessary to carry out this exclusive purpose of attorney-in- ract as authorized:

(A) To take possession of, hold, and manage my real estate and all other property;

(B) To receive money or property paid or delivered to me from any source;

(C) To deposit funds in, make withdrawals from, or sign checks, drafts, promissory Notes against any account standing in my name individually or jointly in any bank or other depository, to cash coupons, bonds, or certificates of deposits to endorse checks, notes, or other documents in my names, to' have access to, and place items in or remove them from, any safety deposit box standing in mv name individually, and otherwise to conduct bank transactions or business for me in my mane;

(D) To pay my just debts and expenses, including reasonable expenses incurred by my attorney-in-Fact Enrique Facundo(c), in exercising this exclusive power of attorney;

(E) To retain any investment invest, to invest in stock, bonds, or other securities, or in realestate or other property;

(F) To given general and special proxies rights of conversion or rights with respect to shares or securities, to deposit shares or securities with, cr transfe'r:.them to protective committes or similar bodies, to joint in any reorganization and pay assessments or subscription called for in connection which shares of securities;

(G) To sells, exchange, lease, give options, and make contracts concerning real estate or other property for such considera- tions and on such terms as my attorney-in-Fact Enrique Facundo(c) may consider prudent;

ENRIQUE FACUNDO(c), DEBTOR PAGE 1 OF 2 (H) To improve of develop real estate, to construct, alter, or repair builging structures and appuntenances of real estate; to settle boundary tines, easements, and other rights with respect to real estate; to plant, cultive, harvest, and sell or otherwise dispose of crops and timber, and do all things necessary or appropiate to good husbandry;

(I) To provide for the use, maintenance, repairs, security, or store of my tangible property;

(J) To purchase and maintain such policies of insurance against liability, fire, casualty, or other risks as my attorney-in-Fact Enrique Facundo(c): may consider prodent;

The Creditor, Enrique Facundo(c), also Secured Party: named herein on the UCC-1 and Commercial Security Agreement/Iiold Harmless and Indemnity Agreement filed with the Secretary of State of Washington/and New York is authorized by law to act for and in control of the DEBTOR, ENRIQUE FACUNDO(c) or any derivative thereof. Creditor Secured Party is also authorized to manager all the fairs of his wife trade-mark name ANGELINA FACUNDO(c) too any legal matter concerning in any tribunal as he i_s also authorized to transferred any legal and/or personal matter into the Pure Common Law proceeding which are also a matter into the private matter and to the public side. In addtion, through the exclusive power of attorney-in-Fact to contract all business and legal affairs of the principal persons, ENRIQUE FACUNDO(c), and ANGELINA FACUNDO(c), DEBTORS.

Theterms "eclusive" shall be construed to mean that while these powers of attorney are in force, only my attorney-in-Fact may obligate me and my wife trade-mark name in these matters, and I forfeit the capacity to "obligate" myself with regard to same. This grant of Exclusive Power is Irrevocable during the lifetime of the Creditor Enrique Facundo(c).

Executed and sealed by the voluntary act of my own hand, this 4 day of March 2003. I am, TAs paer of Attorrey is daie mAVC PR,) 'Im; can_rEntly atrl Retxnctively Novsntrs 20, 1%1. This instrument was prepared by Enrique Facundo(c)

I, the above named exclusive attorney-in-Fact, do hereby accept the difuciary interest of the herein-named-Debtor-Grantor and will execute the herein-granted power-of-attornev with due diligence. Acceptance: ENRIQUE FACUNDO(c) ecured party ENRIQUE FACUNDO(c). GRANTOR Debotor's Signature st, Creditor, Attorney-in-FAct

Secured Party accepts Debtor's Signature in accord with UCC §§ 1-2_01^ ' ^ti!#(?1 and accepts for "value" this Power of Attorney-in-Fact and promest to co.;;, &11 the obligations stated herein, herewith. Crmron Iaw Ri.2bt 'llimb Print Sal Autograph Caniion Law Copyright by Enrique Facundo(c) All Rights.Res Deutoronomy iRj--15 "So at the mouth of two or more witnek§ so, shall established"

2. )date7// 09/0 apge 2 of 2 rLl -A

JSSta F.: 3^9403181 GtE(:KS OF^;CE FACUNDIS.ORD ^Uh cy.N.Y. U.S. G)`; ii1GS UNITED STATES DISTRICT COURT (^^j-2--U.:Yy^ -^ EA:T=li,td•, I$ISTRICT OF NE?: YOR:C ^^ .- -

- " - - " ------^>.NY. _ TImE AM:- - ' UNI?*1'll S"P.TES OF AMERICA

- a,7ainst - O R D E R

ENR1QUE rACUNDO, 94 CR 7 90 (S-1) (DGT)

Defendant.

Application haring been'made-on behalf of the UNITED

S'';i'=-S OF AMERICA, by Jasoii Brown, -. an_,Assistant United States

Atto.-ne•r for the Eastern District of New York, for ..... order

di.suissing without preju3ice the above-captioned.indictment as to

ti•.e lsfendant ENRIQUE FACUNDO, it is h_reby:

ORDERED THAT the above-captix-ed indictment as to the

dr:f+=::dan-7^ ENRIQUE FACUNGO is herebp%ismissed without prejudice- -- 1e _ - Brooklyn, Ne,r rork Zg ^at^r _,. .October 16, 2995 e

•^^^>^^ ^/ . /_^F^ ^TitE HON.- DAVID S. `TRAGER - -UPIT°w7` STATES DISTRICT JTJDGE FASTEItN bISTRICT OF NEW YORK

-...____ _ ^ _,. °v-p^-+

- .... ^.. ° aoK NJ^° Qt GI t^ o Fa^ oe^' ^aCn 1 F-i Enrique Facundo c/o Art. 21122-OS3 P. O. Box 10 Lisbon, Ohio 44432

Inquiries reaarding this unlawful imp sonment "to which it is.a kidnapping"

March 28, 2003

Mark A. Bezy F.C.I. Elkton Ohio's Warden 8730 Scroggs Road Elkton, Ohio 44415

Being silent and refusing to answer all questions of this subject matter jurisdiction it is a treason and fraud.

I Enrique Facundo sui juris-secured party, do hereby state on my unlimited commercial liability, that the fotlowing is true, correct, complete and certain not misleading. On this twenty-eighth day of the third month in the years of our Lord two thousand and thrce, A.D., I caused to make then file these inquiries to the party in reference herein above. And are as follows:

1. A dmit that you Mr. Mark A. Bezy in collusion are conspiring with U.S. Parole Conunissioners and their associates, employees to hold me incarcerated in/with this Bureau of prisons institution (industry) without no "valid" and "lawful" call styled indictment; to which no warrant and notice of action has no standing in law. Therefore, it is void null initio!