Petition for Writ of Certiorari — Christian Gilbert Tony Nadal, Petitioner v. United States

Supreme Court briefFeb 8, 2023

Ask Donna

What actually matters in this document.

Text

u

\

0

s.

•s.

7.Z-

No. 20-

/

IN THE

r"

11

/

SUPREME COURT OF THE UNITED STATES

- r '

CHRISTIAN GILEBRT TONY NADAL )

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.

On Petition for Writ of Certiorari to the

United States Court of Appeals for the Ninth Circuit

’ No. 22-55262

PETITION FOR WRIT OF CERTIORARI

CHRISTIAN G.T. NADAL

PRO SE

3566 South 1550 West

St. George, Utah 84790

(435) 659-7605

May 15,2023

„■?

!

v QUESTIONS PRESENTED

1. Are catalogues given to Petitioner ie: Global

■ Sales Limited and Shotgun News firauduleritly

• • advertising for sale illegal macHihegun arid si• ’ lencer kits to Petitioner and the public? Cata­

logues that state “No Federal Registration or

■ License is-Required to purchase these items for

sale, NO FFL REQUIRED TO PURCHASE?

The lower courts should have answered the

question per Title 28 U.S.C.A.'- ’Section 1331 • Federal Question'and Title 28 U.S.C.A. Section

2201 - Creation of Remedy — Chapter 151 Decla

-ratory Judgment.

Are the machinegun and silencer kits advertis

-ed for sale in the catalogues given to Petition­

er listed in the Coram Nobis / Title 28 U.S.C.

1331 of the Petition listed at pages 20 to 59,

Machine guns and silencers Regulated under

Title 18 and 26 U.S.C.A.?

2. Does the United States Department of Justice

knowingly giving and distributing catalogues ad

-vertising through a fraud scheme and selling il­

legal machineguns and silencers to Petitioner

and the public violate the 2nd Constitutional Amendment Rights of the persons illegally convict

-ed of purchasing those machineguns and silen­

cers?

3. Does Heck v. Humphrey. 512 U.S. 477 (1994)

violate Petitioner’s 5th and 14th Constitutional

Amendment Rights when used by Federal Courts

and the United States Attorney’s office to stop his

civil complaints. Complaints that have

l

shown the Petitioner is innocent of the alleged

crime in his criminal case?

4. Is the Petitioner a vexatious litigant by filing his

Habeas Corpus appeals and adding new evidence

showing his actual innocence while the Courts

continuously refuse to answer any legal question

raised on the motions for habeas corpus and ap­

peals?

5. Petitioner’s Coram Nobis should be Granted due

to the facts of federal law show Petitioner's actual

innocence?

11

f

PARTIES TO THE PROCEEDINGS

All parties to the proceedings are identified in the

caption.

RELATED PROCEEDINGS

US District Court of Arizona-Phoenix

Christian Nadal v. Sarco Incorporated,

CIV-96-0630-PHX-CAM (MS), March 11 1996,

April 01,1996, May 15, 1996, Aug 07,1996,

Aug 16,1996, Aug 26,1996.

US District Court of Arizona-Phoenix,

Christian Nadal v. Sarco Incorporated,

CIV- 96-630 PHX CAM, Sep. 27, 1996.

US District Court of Arizona-Phoenix

Christian Nadal v. Sarco Incorporated,

CIV 96-630 PHX EHC (MS), Nov 01 1996, Jan 29,

1997, Feb 11,1997, Feb 24, 1997.

US District Court Central District of California-Los

Angeles

United States, v. Christian Nadal,

CV-96-8061-RSWL; CR-93-698-RSWL, 2255

Motion, Nov 18, 1996, Jan 1,1997, April 11, 1997.

US Court of Appeals Ninth Circuit

United States v. Christian Nadal,

US Court of Appeals Docket Number: 97-55531;

No. 99-71649; Lower Court Docket Number: CV96-8061-RSWL; CR-93-698-RSWL, June 21,1999,

Aug 12,19999, Nov 18, 1999,188 F.3d 516 (9th

m

Cir. 19-99).

US Supreme Court

United States v. Christian Nadal, No. 00-5940,

US Court of Appeals Docket Number: 97-55531;

Lower Court Docket Number: CV-96-8061-RSWL;

CR-93-698-RSWL, Nov 23, 1999, Dec 6, 1999,

June 20, 2000, Aug 28, 2000, Sep 27,2000.

US District Court Central District of California-Los

Angeles

United States v. Christian Nadal, CV-98-2986RSWL(MAN); CR-93-698-RSWL, 2nd Successive

2255 Motion, April 21,1998, April 24, 1998, Sep 10,

1998, Nov 4, 1998, April 14, 2000.

US Court of Appeals Ninth Circuit

United States v. Christian Nadal, US Court of

Appeals Docket Number: 99-71649; Lower Court

Docket Number: CV-98-2986-RSWL(MAN); CR-93

-698-RSWL, Dec 21,1999, Mar 27, 2000.

US Supreme Court

United States v. Christian Nadal, June 15, 2000,

June 20, 2000, cert. Denied.

US District Court Central District of California-Los

Angeles

Christian Nadal v. Sarco Incorporated, Civil No.

CV 97-2102-ABC(Mc), Apr 08,1997, Jun 03,1997.

US District Court Central District of California-Los

Angeles

Christian Nadal v. Sarco, Incorporated, Case No.

CV 97-2102-ABC(MAN), Aug 14,1997, Sep 02, 19

IV

i

97, Sep 22,1997, Sep 16,1998.

US District Court Central District of California-Los

Angeles

Christian Nadal v. R.P.B.; Shooters Equipment

Company; Sarco, Inc., Case No. CV 97-5717 ABC;

CV 97-5718 ABC; CV 97-2102 ABC, Oct 27, 1998.’

US Court of Appeals Ninth Circuit

Christian Gilbert Nadal v. R.P.B. Committed

Fraud, US Court of Appeals Docket Number: 9856994; Lower Court Docket Number: CV-97-05717

-ABC-1, Dec 28, 1998.

US District Court Central District of California-Los

Angeles

Christian Nadal v. R.P.B.; Shooters Equipment

Company; and Sarco, Inc., CV-97-5718 ABC; CV

97-2102 ABC, Dec 31, 1998, Dec 31, 1998.

US Court of Appeals Ninth Circuit

Christian Gilbert Nadal v. R.P.B.; Shooters Equip

-ment Co.; and Sarco, Inc., No. 98-56994, D.C. Nos.

CV-97-05717-ABC; CV-97-05718-ABC; CV-9702102-ABC, Jun 02,2000.

US District Court Central District of California-Los

Angeles

Christian Nadal v. Sarco, Inc., CV 01-1301 ABC

(MANx), July 24, 2001.

US Court of Appeals Ninth Circuit

Christian Nadal v. R.P.B. Committed Fraud, No.

56-994, CT/AG#: CV-97-05717-ABC-1 (MAN), July

27, 2000.

US District Court Central District of California-Los

Angeles

Christian Nadal v. Sarco Incorporated, CV 01-1301

GAF(MANx), April 09, 2001, April 20,2001, May

17, 2001.

US District Court of Arizona

Christian Nadal v. Global Sales Limited, CIV 962234-PHX-ROS, Nov 26, 1996. Nov 29, 1996, Jun

26, 1997.

US District Court of Arizona-Phoenix

Christian Nadal v. Global Sales Limited, AA-OK,

Incorporated, CIV 96-2234-PHX-ROS, Aug 21,

1998.

US Court of Appeals Ninth Circuit

Christian Gilbert Tony Nadal v. United States

District Court for the District of Arizona, District

Court for the District of Arizona, No. 98-80519,

DC# CV-96-2234-ROS Arizona, Aug 27,1998.

US District Court of Arizona-Phoenix

Christian Nadal v. Global Sales Limited, CIV 962234-PHX-ROS(MS), Sep 27, 1999. Sep 29, 2000,

Nov 28, 2000.

US Court of Appeals Ninth Circuit

Christian Gilbert Nadal v. Global Sales Limited;

AA^OK Incorporated, No. 00-17070, CT/AG#: CV96-02234-ROS, Jun 04, 2001, Jan 12, 2001, Mar

19, 2001.

vi

US District Court of Arizona-Tucson

Christian Nadal v. Bureau of Prisons, CIV 97-053

-TUC-RTT Nov 17,1997, Jan 5, 1999, Jan 29

1999, Mar 11, 1998, Apr 06, 1998, Apr 13, 1998.

9-

US Court of Appeals Ninth Circuit

Christian Gilbert Tony Nadal v. United States

Bureau of Prisons; Mike Adams; Blake Davis; Tom

Corner: Jackie White; Ivan 0. White; Ed Crosley,

US Court of Appeals Docket Number: 99-15228,

Lower Court Docket Number; CV-97-00053-JMR,

Bivens Action, Feb 17,1999, Dec i.7, 1999.

US District Court of Arizona-Phoenix

Christian Gilbert Tony Nadal, CIV- 97-1096-PHX

-ROS (MS) 2241 Motion, May 20,1997, Jun 17,

1997, Oct 30, 1997, Aug 28,1998.

US Court of Appeals Ninth Circuit

Christian Gilbert Nadal v. Mike Adams, US Court

of Appeals Docket Number: 98-15120; Lower

Court Docket Number: CV-97-01096-ROS Jan 23,

1998; Aug 24,1998, Jan 15, 1999; Feb 04,1999.

US District Court Central District of California-Los

Angeles

Christian Nadal v. Shooters Equipment Company,

CV 97-5718 LGB (CTx), CV 97-5717 JSL (JGx),

CV 97-5718 ABC (E), CV 97-5718-ABC(MAN) Jul

29, 1997, Aug 0i; 1997, Aug 25,1997, Sep 04 1997,

Oct 07, 1997, Dec 05,1997, Dec 31, 1997, Jan 30,

1998, J^uly 07,1998, July 18, 2000.

US District Court Central District of California-Los

Angeles

yn

Christian Nadal v. R.P.B. Industries, CV 97-5717

JSL (JGx); CV 97-5718 LGB (CTx); CV 97-5717ABC(MANx), CV 97-5717-ABC(VAP), CV 97-5717

ABC; CV 97-5718 ABC; CV 97-2102 ABC July 29,

1997, Aug 01,1997, Oct 15,1997, Sep 16,1998,

Oct 27, 1998, July 18, 2000.

US District Court Central District of California-Los

Angeles ,

Christian Nadal v. R.P.B. Industries; Shooters

Equipment Company; and Sarco, Inc., CV 97-5717

ABC; CV 97-5718 ABC; CV 97- 2102 ABC Dec 31,

1998.

United States Supreme Court

Christian Nadal v. R.P.B. et al., US Supreme

Court Docket Number NO. 00-6337 Aug 28, 2000,

Oct 02, 2000, Oct 29, 2000 “brief in opposition”,

Nov 27, 2000 Writ Denied.

US District Court Central District of California-Los

Angeles

Christian Nadal v. Cobray Firearms, Incorporated,

CV 97-7021 IFP(WMB); CV 97-2101 (MAN) Sep 23,

1997, Oct 10, 1997, Oct 30, 1997.

US Court of Appeals Ninth Circuit

Christian Gilbert Nadal v. Cobray Firearms, Incor

-porated, US Court of Appeals Docket Number: 97

-56717; Lower Court Docket Number: CV-9707021-WMB Dec 16, 1997, Feb 19, 1998, Aug 21,

1998, Sep 23, 1998.

US District Court Eastern District of CaliforniaFresno

vm

Christian Nadal v. Raymond Andrews, CV F 99

6070 REC LJO P, 2241 Motion “Violent Crime

Control Act classification issue” July 11,1999, Nov

17, 1999, May 11, 2000, June 20, 2000, June 21,

2000.

US District Court Eastern District of CaliforniaFresno

(

Christian Gilbert Tony Nadal, CIV F-99-6784

OWW HGB-P; CV-01-02580-RSWL(MAN)

“Federal Question are kits firearms” Dec 21, 1999,

Mar 9, 2001, Mar 20,2001, Apr 02, 2001, Sep 13,

2001:

US District Court Central District of California-Los

Angeles

Doris Nadal, Christian Nadal v. Gregory Jessner,

CV 04-10494-ABC(MAN) “Bivens Complaint” Dec

27, 2004, Jan 03, 2005, Apr 26, 2005, Jun 01

2005, Jun 02, 2005, Jun 06, 2005, Aug 30, 2005,

Sep 12, 2005, Sep 13, 2005, Sep 22, 2005, Oct 28,

2005, Jan 06, 2006, Feb 16, 2007.

• IX

TABLE OF APPENDICES

APPENDIX A - Order in the District Court

Central District of California

(January 14, 2021.....App. 1

APPENDIX B -

Order in the District Court

Central District of California

(December 15, 2021...App. 8.

APPENDIX C -

Order in the District Court

Central District of California

(March 2, 2022......... App. 15.

APPENDIX D -

Order in the Ninth Circuit

Court of Appeals

(November 22, 2022..App. 23.

x

TABLE OF AUTHORITIES

Page(s)

Cases

Firearms cases machineguns / silencers:

United States v. Bishop,

926 F.3d 621 (10th Cir. 2019)

18, 27

United States v. Roh,

Case no. SACR14-167 (JWS)(D.CA.13,17,18, 21

United States v. Jimenez,

191 F.Supp.3d 1038 (D.CA. 2016).13,17,18, 24, 27

United States v. Palmieri,

21 F.3d 1265 @ 1272 (3rd Cir. 1994), 93-5134

United States v. Palmieri.................................

United States v. Was,

684 F.Supp. 350 @ 353 (D.Conn. 1998)

United States v. Bradley,

892 F.2d 634 @ 635 (7th Cir. 1990)

18

18, 25

..... 10, 18

F.J. Vollmer Co. V. Higgens,

23 F.3d 448 @ 449 (D.C. 1994)

18

United States v. Kindred,

931 F.2d 609 @ 610 (9th Cir. 1991)

18

United States v. Kelly, .

548 F.Supp. 1130® 1136 (4th Cir. 1997)

18

United States v. Campbell,

xi

18

427 F.2d 893 (5th Cir. 1970)

United States v. Smith,

477 F.2d 399 @ 400 (8th Cir. 1973)

18

United States v. Catanzaro,

368 F.Supp. 450 @ 453 (D.Conn. 1973)

18

United States v. Luce,

726 F.2d 47 @ 48, 49 (1st Cir. 1984)

18

United States v. Evans,

712 F.Supp. 1435 (D.Mont. 1989)

18

United States v. Evans,

928 F.2d 858 (9th Cir. 1991)

.18

United States v. Bascue,

5 F.Supp. 2d 1139 (D.Or. 1998)

United States v. Humphrey,

512 U.S. 477 (1994)...........

13, 14,27

11, 20,22,23,26

United States v. Bernhardt,

840 F.2d 1441, 1448 (9th Cir. 1988)

21

Grayned v. City of Rockford,

408 U.S. 104, 108 (1972)....

21

Village of Hoffman Estates v. Flipside Hoffman

Estates, Inc.

455 U.S. 489, 498-99 (1982).............................

21

McCormack v. Herzon,

788 F.3d 1017, 1031 (9th Cir. 2015)

21

xn

McQuiggin v. Perkins,

133 S.Ct. 1924 (2013).

14, 27

United States v. Shortt Accountancy,

785 F.2d 1448, 1452 (9th Cir. 1986)

xm

24

■==3

TABLE OF CONTENTS

QUESTIONS PRESENTED.

.1, 11

PARTIES TO THE PROCEEDINGS

.m

RELATED PROCEEDINGS......iii, iv, v, vi, vii, viii, ix

TABLE OF APPENDICES

,x

TABLE OF CONTENTS

XIV, XV

TABLE OF AUTHORITIES

XI, Xll, Xlll

PETITION FOR WRIT OF CERTIORARI

1

DECISION BELOW

1

JURISDICTION.

1

STATUTORY PROVISION

1

FEDERAL RULE INVOLVED,

.2, 3, 4, 5, 6, 7

STATEMENT OF THE CASE

,8

1. Case history

8

2. Statement of Facts of Law,

17

REASON FOR GRANTING WRIT

,27

As In Jimenez And Bishop Where Each Defendant

Were Convicted For Just Possessing One Part Only

xiv

Of A Machinegun, The Kits Stated Above Only Had

One Missing Part Or Needing A Part To Be Bent Into

Shape. Clearly These Kits Are Illegal. Petitioner Can’t

Even Purchase Them To Introduce Them As Evidence

In This Very Court Due To Their Illegality.

CONCLUSION

.28

XV

PETITION FOR A WRIT OF CERTIORARI

Petitioner Christian Gilbert Tony Nadal respect

-fully request the issuance of a writ of certiorari to

review the judgement of the United States Court of

Appeals for the Ninth Circuit.

DECISION BELOW

The decision of the United States Court of Appeals

for the Ninth Circuit is NOT FOR PUBLICATION

and was filed on November 22, 2022 as Case No. 22

-55262; D.C. Nos. 2:21-cv-07590-RWSL; 2:93-cr

-000698-RWSL-1.

JURISDICTION

The Ninth Circuit entered judgment on November

22, 2022. This Court’s jurisdiction is invoked under

28 U.S.C. Sec. 1254.

STATUTORY PROVISION

Writ of Coram Nobis, Title 28 U.S.C A. Section

1331 Federal Question, 2nd Constitutional Amend

-ment, Title 28 U.S.C.A. Section 2201 Creation of

Remedy, Declaratory Judgment - Chapter 151,

Title 18 U.S.C.A. Section 1001 Statements or En

-tries Generally, Title 26 U.S.C.A. Section 5845(b),

Machinegun, Title 26 U.S.C.A. Section 5841 Re­

gistration, Title 26 U.S.C.A. Section Transfer Tax,

Title 26 U.S.C .A. Section 5812 Transfers, Title 18

U.S.C.A. Section 924(a)(25) “firearm silencer”

1

/"

Federal Rule Involved

Federal Case Law

United States v. Bradley. 892 F.2d 634 @ 635

(7th Cir. 1990):

“(asserting that parts may be machineguns with

out a frame or receiver),” “United States v. Camp

-bell, 427 F.2d 892, 893(5<* Cir. 1990)(implicitly

holding that parts may be machineguns without

a frame or receiver)”

United States v. Was. 684 F.Supp. 350 @353(D.

Conn. 1998):

“The second clause regulates any combination of

parts of any kind, where the combination is “inten

-ded to be used to convert a weapon into a machine

-gun.” “Defendant concedes that the AR-15 auto­

sear is physically made up of more than one part.4

The auto-sear thus can not be excluded from the

ambit of the “combination of parts” portion of the

second clause section 5845(b).” @ 354” “in addition,

the government produces two technical reports

from the Firearms Technology of ATF, stating that

the auto-sears functioned to convert a semiautoma

-tic AR-15 receiver to a machinegun.”

F.J. Vollmer Co. v. Higgens. 23 F.3d 448 @ 449

(D.C. 1994):

“machinegun conversion kits are, according to the

bureau, “used to convert semiautomatic weapons

into automatic weapons without the use of a ma­

chinegun receiver.” Brief for Appellee at 2. Such

a conversion kit is itself a “machinegun” under 18

U.S.C. Section 921(a)(23), which incorporates the

^ National Firearms Act definition of the term in

26 U.S.C. Section 5845(b):”

2

United States v. Kindred. 931 F.2d 609 @ 610

(9th Cir. 1991):

“inoperable World War I machinegun lacking inter­

nal parts qualified as a machinegun because the

gun could be converted into a fully automatic weapon.”

Christian Nadal v. Bureau of Prisons CV-97053-TUT-RTT (U.S. Attorney, Daniel G. Knauss,

Motion For Judgment On The Pleadings filed April

9th, 1998 © page 3 & 4:

“Exhibit C, the pre-sentence report, shows also

that Nadal gave a number of machinegun kits

to his coconspirator, Christopher Berwick, for

Assembly which he then sold to the agents.

These also qualify as transfers under 18 U.S.C.

Section 922(o)(l). Cf., United States v. Bradkx 822 F.2d 634 (7th Cir, 1990), Cert. Den.

495 U.S. 909(1990), (transfer of parts sufficient

to convert a weapon to a machinegun was a

“transfer in gross” sufficient to qualify as a ma

-chinegun in violation of 26 U.S.C. Section 5845).”

United States v. Kelly. 548 F.Supp. 1130 @ 1136

(4th Cir. 1977)

“The government also introduced testimony of

a Firearms Enforcement officer Who stated

that in his opinion the modified bolt trigger

housing constituted a combination of parts

designed and intended for use in converting a

weapon into a machinegun as defined in 26

U.S.C. Section 5845(b).”

United States v. Campbell. 427 F.2d 893(5th Cir.

1970):

“firearms as defined in U.S.C. 5845(b), that is

six M-2 conversion kits assembled on M-l car­

bine trigger housings, which had not been re­

gistered to them in the National Firearms Re­

gistration and Transfer records maintained

3

under 26 U.S.C. 5841, all in violation of U.S.C.

A. 5861(d) and for willfully and knowingly

transferring “firearms as defined in 26 U.S.C.

5845(a)(b) that is, six M-2 conversion kits as­

sembled on M-l carbine trigger housings, with

-out having paid the transfer tax required in

U.S.C. 5861(e), 5871.”

United States v. Smith. 477 F.2d 399 @ 400

United States v. Catanzaro. 368 F.Supp. 450 @

453

United States v. Luce, 726 F.2d 47 @ 48, 49

United States v. Evans. 712 F.Supp. 1435(D.

Mont. 1989

United States v. Evans. 928 F.2d 858(9th Cir.

1991)

United States v. Bascue. 5 F.Supp.2nd 1139(D.

OR 1998)

United States v. Roh, Case No. SACR 14-167

(JWS)

United States v. Jimenez. 191 F.Supp.Sd 1038

(2016)

United States v. Bishop. 926 F.3d 621(2019)

Federal Statute Law

Title 26 U.S.C.A, Section 5845(b):

“Machinegun.—The term “machinegun”

4

means any weapon which shoots, is de­

signed to shoot, or can be readily restored

to shoot, automatically more than one shot,

without reloading, by a single function of

the trigger. The term shall also include the

frame or receiver of any such weapon, any

part designed and intended solely and ex­

clusively, or combination of parts designed

and intended, for use in converting a wea­

pon into a machinegun, and any combina­

tion of parts from which a machinegun can

be assembled if such parts are in the posses

-sion or under the control of a person.”

Title 18 U.S.OA. Section 921(aK25):

“The terms “firearm silencer” and “firearm

muffler” mean any device for silencing, muf­

fling, or diminishing the report of a firearm,

including any combination of parts, designed

or redesigned, and intended for use in assem

-bling or fabricating a firearm silencer or fire

-arm muffler, and any part intended only for

use in such assembly or fabrication.”

Title 26 U.S.CA. Section 5841 Registration

of firearms.:

“(b) By whom registered.—Each manufac

-turer, importer, and maker shall register

each firearm he manufactures, imports, or

makes. Each firearm transferred shall be

registered to the transferee by the transferor.”

“© How registered.— Each manufacturer

shall notify the Secretary of the manufacture

of a firearm in such manner as may by regu­

lations be prescribed and such notification

shall effect the registration of the firearm re

-quired by this section. Each importer, maker,

and transferor of a firearm shall, prior to im­

porting, making, or transferring a firearm,

obtain authorization in such manner as requi­

red by this chapter or regulations issued there

5

-under to import, make, or transfer the firearm,

and such authorization shall effect the regis­

tration of the firearm required by this section,”

Title 26 U.S.C.A. Section 5811 - Transfer tax:

“(b) By whom paid.—The tax imposed by sub

-section (a) of this section shall be paid by the

transferor.”

Title 26 U.S.CA. Section 5812 - Transfers:

“(a) Application.—A firearm shall not be trans

-ferred unless (1) the transferor of the firearm

has filed with the Secretary a written application,

in duplicate, for the transfer and registration of

the firearm to the transferee on the application

form prescribed by the Secretary; (2) any tax pay

-able on the transfer is paid as evidenced by the

proper stamp affixed to the original application

form; (3) the transferee is identified in the appli

-cation form in such manner as the Secretary

may by regulations prescribe, except that, if such

person is an individual, the identification must

include his fingerprints and his photograph; (4)

the transferor of the firearm is identified in the

application form in such manner as the Secretary

may by regulations prescribe; (5) the firearm is

identified in the application form is such manner

as the Secretary may by regulations prescribe;

and (6) the application form shows that the Secre

-tary has approved the transfer and the registra­

tion of the firearm to the transferee. Applications

shall be denied if the transfer, receipt, or posses­

sion of the firearm would place the transferee in

violation of law.”

2nd Constitutional Amendment Right - The Right

to Bear Arms

5th Constitutional Amendment Right - Due

Process of Law

14th Constitutional Amendment Right - Equal Pro6

tections of the Law

Title 28 U.S.C.A. Section 1331 — Federal Question

Title 28 U.S.C.A. Section 2201 - Creation of Reme

-dy - Chapter 151 - Declaratory Judgment

‘ 7

STATEMENT OF THE CASE

? V f«":;

• Between January' 28,‘1992 and July 14,1993

the United States Department of Justice (USDJ) ‘

through its subagencies, the United States Federal

District Court of Central District of California, the

United States Attorney’s Office (USAO),’ - the Fede

-ral Bureau of Investigation,’(FBI) and the1 Bureau

of Alcohol, Tobacco and Firearms (BATF) gave to

Petitioner, Christian Nadal several weapons cata­

logues ie:’ Global Sales’"Limited and Shotgun News.’

FBI 302 Report, See Ex. 1, p. 15 of'Petition.' At ‘ ‘!i

trial; the government 'objected to petitioner intro­

ducing the catalogues' as evidence.

1. Case history *

. (x)FBI Agent, Michael; German (fired from the

FBI’ in 2004) and his ^informant, Gary Peacock

(felon for armed' robbery) purchased about half of

the Sten machineguns from Sarco, Inc. and Global

Sales Ltd. that Petitioner was convicted of. Gary'

Peacock was paid $150,000 to set Petitioner up on

these firearms violations. All of the Sten machine- .

guns purchased by Petitioner were paid for on his ’

credit card.

''

51

'

■*' ’

*• At trial the Court and ‘the ‘ U S. Attorney Tited

Title 26 'U.S.C. Section 5845(b) Machinegun,‘Title1

18‘ U.S.G: ' 922(o)(l) ‘Machineguns possessed ‘after

the 1986 bah; The U.S. Attorney,* Gregory Jessrier

stated to the jury at-trial that'the machihegufi kits

were legal to purchase. PTease see, Trial Transcript

Volume II, page 11. i

8

v

The Court refused to address the legality of the

machinegun kits advertised for sale in the catalo­

gues that were given to Petitioner. Whether the

machinegun and silencer kits were machineguns

and silencers per Federal Statute Law and Federal

Case Law regulated under Title 18 and 26. The

Court of Appeals reversed Petitioner’s wife's conviction stating that “No reasonable jury could have

convicted Doris.” United States v. Nadal. No. 93

-50849, No. 93-50851 (9th Cir. 1995), also United

States v« Nadal. 64 F.3d 667 (9th Cir. 1995). A

Writ of Certiorari was filed by Petitioner with the

United States Supreme Court which was Denied on

Nadal v. United States. 512 US 1122 (1996).

On March 11,1996 Petitioner filed Christian

Nadal v. Sarco. Incorporated. CIV-96-0630-PHX

-CAM (MS) whom along with Global Sales Limit­

ed, CIV-96-2234-PHX-ROS were the primary seller,

distributor of the machineguns and silencers sold

to (x)FBI Agent, Michael German and the Petition­

er. Sarco, Inc. was called in by the government to

testify, but, when the Petitioner stated to the Court

that he purchased the majority of the weapons from

Sarco and paid by credit card the government never

called Sarco to the stand.

On October 18,1996, Petitioner filed his 2255 Mo

-tion to Vacate his Conviction. Judge, Ronald S.W.

Lew denied the 2255 petition and refused to addres

-s the legality of the machinegun and silencer kits

advertised in the catalogues given to Petitioner by

the FBI/BATF. The Ninth Circuit .Court of Appeals

l Vol II, p 11. Exhibit 4-E.This machinegun was made from a

9

denied, the appeal United States • v. Nadal. 188

F.3d516 (9th Cir. 1999). . ,

After April 9th 1998, Petitioner filed a “Judicial

Notice to the Ninth Circuit Court of Appeals while

his 2255 Motion was pending before the Court,

United States of America v. Christian Nadal,

No. 97-55531, DC. No. CV-96-08061-RSWL. In

Petitioners’ other case Christian Nadal v. Bu

-Reau of Prisons. CV-97-053-TUT-RTT, the Uni­

ted States Attorneys’Office of Tucson,. AZ; US At­

torney, Daniel Knauss, stated in his. Motion For

Judgment on the Pleadings filed on April 9th, 1998

@,page 3'&4: .2,

• 1 .

,

,

w

.

<

.,

•

’:

■:

t

'

:

^

■-

.

Sten machmegun kits sold to the (x)FBI Agent,

Michael German and to Petitioner and at that time

to 14,000 other citizens by Sarco alone.

. ,

.

J

■

4

■-

- I

■

*

.

-

w*.

1

p

..

t

r1

>'

•»

•

,

On November 26th, 1996 petitioner filed Chris

-tian Nadal v. Global Sales Limited, CIV-962234-PHX-ROS. The Court ordered the United

States Marshalls Office to serve Global Sales

Limited in Reno, Nevada then again the Court

Ordered the United States Marshall’s to now serve

AA-OK. Incorporated the complaint since

7

’ 4 •

kit. You may be surprised, perhaps even astonished, to learn

that these kits are readily available’. They can be purchased

-1

*

legally.

2 “Exhibit C, the pre-sentence report, shows also that Nadal

gave a number of machinegun kits to his co-conspirator,

Christopher Berwick, for assembly which he then sold to the

agents. These also qualifyas transfers under 18 U.S.C. Sec­

tion 922(o)(l). Cf., United States v. Bradley. 822F.2d 634

10

Global shutdown operations in Reno, NV after

being served and restarted under AA-OK. Inc.

which again refused to answer the complaint and

defaulted.

In the Global Sales Limited case the Court Or­

dered Petitioner to file Motion for Default Judg­

ment.

On February 25th, 1998 per Judge Silver’s DE­

FAULT JUDGMENT PROCEDURE LIST. Petition

-er sent Motion’s for Default Judgment to both

Global Sales limited and AA-OK, Incorporated.

These motions for Default Judgment sat in front of

Judge, Roslyn Silver for two years.

On January 23rd, 1997 Petitioner filed Christian

Nadal v. Bureau of Prisons. CV-97-053-TUTRTT, case No. 99-15228 (9th Cir.). On January 5,

1999, Judge, John Roll applied Heck v.Humnhrev

a 512 U.S. 477 (1994) on Petitioners’ Christian Na

dal v. Bureau of Prisons case after the US Attor­

ney’s office, US Attorney, Daniel G. Knauss in Tuc­

son, AZ stated on April 9, 1998 that the machinegun kits sold by Sarco and Global Sales in Petition­

ers’ case were machineguns per Title 26 U.S.C. Sec.

5845.

On May 20, 1997 Petitioner filed Christian

Nadal v. Mike Adams. CIV-97-1096-PHX-ROS

(MS), Case No. 98-15120 (9th Cir. 1998). Habeas

(7* Cir. 1990), Cert. Den. 495 U.S: 909 (1990), (transfer of

parts sufficient to convert a weapon to a machinegun was a

“transfer in gross” sufficient to qualify as a machinegun in

violation of 26 U.S.C. Section 5845.)”

11

Corpus 2241 Motion because Judge Lew denied his

2255 Motion..

i

\

* t

On July 30, 1997 Petitioner filed Christian

Nadal v, R.P.B. Industries. . CV-97-7517-JSL(JGX),-; GY-97-5717-ABC (MAN) and Christian,/

Nadal v, Shooters Equipment Company, C V-97

-5718t(LGB)(CTx),, CV.^y-SyiS-ABCCMAN).

’Ml

On September 12,1997 Petitioner filed Christian

Nadal v. Cobrav- Firearms, CV-97-7021 (WMB),

Case No. 97-56717 (9th ,Cir. 1998).

• h

1-

rl ,

t j

On September 2, 1999 Petitioner filed Christian

Nadal v. Raymond Andrews, CV-F-99-6070-REC

-LJO-P a Habeas Corpus Motion Section 2241 on

the Violent Crime .Control and- Law Enforcement

Act of 1994 application to petitioner.

1

■

1

11

1

"■■■'

■

■

■'

’

'

**

■

*

n

:4.‘

i

11

.

•

:

'

■

i

.

in

i.i

:

.

*

; V.

.

1

"...

.

■.■■■■;

.i

:

. On December 21, 1999 Petitioner filed Christian

Nadal v. Raymond Andrews, CIV-F-99-6784j

OWW-HGB-P demanding the Court to identify thej

machinegun and silencer kits, involved in Petitioner

-s’ case. On March 9, 2001 the case was transferred

“IN, THE INTEREST , OF JUSTICE” .back .to,the

trial Judge, Ronald; Lew .which, denied the Petition. •

On December 27, 2004 ^Petitioner filed Doris Na

-dal and Christian Nadal v, Gregory Jessner,

CV-04-10494-ABC(MAN after Petitioner received

the December' 9, 2003 ietter from. the Attorney,

Mary H. Seuttinger, of the Bureau of Alcohol, To­

bacco,'Firearms and Explosives (BATFE) office sta­

ting that machinegun kits are machineguns regula

-ted under Title 26 U.S.C.A. Section 5845(b).

12

See Ex. 5, p. 19 of Petition. 3

Contradicting what the U.S. Attorney stated to the

jury at trial.

In late 2017 Petitioner was told about United

States v. Roh. Case No. SACK 14-167 JVS, Cen

-tral District of California, Santa Ana, CA which

cited United States v. Jimenez. 191 F.Supp.3d

1038 which ruled that the trigger housing of the

M-16 was a part of a machinegun, therefore a ma

-chineg-un. This M-16 trigger housing is identical

to the Sten machinegun trigger housing, MAC 9/10

/II trigger housing etc. Sold by Sarco, Inc., R.P.B.

Industries, Global Sales Limited and Cobray Fire­

arms Company.

On March 1, 2018 Petitioner filed Christian

Nadal and Robbie BaiscUe v. United States of

America. Case No. 4:18-cv-00001-DN under 28

U;S.C.A. Section 1331 Federal Question asking the

Court to identify the firearms advertised and sold

in the catalogues given to Petitioner. The case was

dismissed without prejudice.

On October 16, 2018 Petitioner filed Christian

Nadal. Robbie Bascue v. United States'"of Am

3 ‘To clarify my letter of November 21, 2003, please be aware

that a machine gun parts kit is also prohibited under the

definition of a machine gurias defined in 26 U.S.C. Section

5845(b). Section 5845(b) not only includes machine guns as

defined above, but, also, “any part designed and intended

solely and exclusively, or combination of parts designed and

intended, for use in converting a weapon into a machinegun,

and any combination of parts from which a machinegun can

be assembled if such parts are in possession or under the con­

trol of a person.”

13

♦erica. Case No.4:18 cv-00069-ND under 28 USCA

Section 1331 Federal Question. The case was dis­

missed due to Jurisdiction. The United States At­

torney, John Huber and Todd Hilbig stated in his

RESPONDENT UNITED STATES OF AMERICA

’S MOTION TO DISMISS dated December 19, 2018

The United States Attorneys’ office confirmed that

the machinegun and silencer kits advertised and

sold through the catalogues that the government

gave to Petitioner were machineguns and silencers

regulated under Title 18 and 26. Thus confirming

that the Los Angeles US Attorneys’ Office perjured

themselves at Petitioners’ trial.

The United States Attorney in their RESPON­

DENT UNITED STATES OF AMERICA’S REPLY

MEMORANDUM IN SUPPORT OF MOTION TO

DISMISS cited McQuiggin v„ Perkins. 133 S.Ct.

1924(2013): 6

Under Title 28 U.S.C.A. Section 2255(h): e

4 ‘This request for declaratory judgment, however, contains

no “actual controversy.” 82 This Court is not faced with “a

case... within its jurisdiction.”

5 “McQuiggin held that the “actual innocence” gateway to ha­

beas review survived the passage of the AEDPA statute of

limitations.” etc.

S3T~

6 "a prisoner can bring a second successive petition based on

-ly on facts that clearly demonstrate actual innocence or a

new rule of constitutional law that the Supreme Court has

made retroactive. There is no provision for new rules of statu

-tory interpretation, ”

14

I

In Christian Nadal v. Sarco Incorporated,

Judge, Nagles’, October 27,1998 Order at page 5: i

Catalogues given to Petitioner stated: See Ex. 7A,

7B, p. 21, 22 of Petition.

ie: Global Sales Limited, that stated: 8

Or for their Auto-Sears , M-16 trigger sets, MAC 9/

10/11, Sten machinegun kits and silencer kits, both

catalogues Global Sales Limited and Shotgun News

stated: (as shown in the petition Exhibits). 9

7 “Nadal claims that the Federal government, through know

-ingly false advertising, intended to induce people to purchase

weapons that the government knew to be illegal. If Nadal were

permitted to bring a section 1983 action against the govern­

ment based on this belief, any judgment in his favor would ne­

cessarily undermine the prior finding that Nadal had the re­

quisite intent to commit fraud. In other words, if the govern­

ment had Convinced Nadal through its advertisements that the

weapons were not Illegal to possess. Nadal Could not properly

be said to have knowingly used the mail to commit ah illegal

act. The government’s fraudulent misrepresentation would, ne­

gate the element required to convict Nadal of fraud."

8 'To our knowledge none of the items for sale by us requires

any special Federal or State license to purchase or possess. Un

-der Current Federal law no restrictions are placed on inter­

state / intrastate purchases and shipping of the gun parts,

parts sets, or accessories currently offered for sale in this cata­

log. These items can be sold & shipped to anyone, any age,

any address. However., some State and local laws MAY apply!

It is your responsibility to check this before ordering!”

Auto-Sears

9 “Global Sales Ltd.

“No Federal License or Registration is necessary for purchase

or ownership! Other NFA rules may apply! DROP-IN AUTO

SEARS made after Nov 1, 1981 have been ruled to be a ma­

chinegun in and of themselves by ATF (Ruling 81-4)”

“NO FFL REQUIRED"

TPF & Shotgun News Auto-sears

15

SEC .

Silencers

RPB

•

MAC kits

Sten kits w/without receivers

“ITS SIMPLE ITS LEGAL ”

“BATF APPROVED”

‘NO REGISTRATION OR

' LICENSE NEEDED TO

’ ‘ PURCHASE OR POSSESS”

I

United 'States v. Jessner. V-04-10494 PSG

(ABC)(MAN) on September 13, 2005 Hearing, As*

sistant United States Attorney, Robert Lester sta

-ted (Please see) Exhibit 45 at page 82 of the Origi­

nal Petition: 10

.i i *

; "*

.

-».

■

. i

The United States Judiciary and, the. United

States Attorney’s office in Jessner above confirmed

that the United States Department of Justice

through its. FBI and BATF Agencies distributed to

the public and to ,the Petitioner Catalogs that they

10 “MR. LESTER:

It’s a big “if.” But I will assume for the sake of this discussion

that the gun company is advertising in a mdgazine to sell item

-s that are illegal to sell/or illegal to buy.- Til assume that for

the sake of this discussion.. Then of course I would encouragemy friends in the criminal division to consider and the FBI ‘ The COURT: Go after the gun company as well as the purcha

4 "

-sers.

1

MR. LESTER:

.

- L.V ■

(

.>

• '

.

i ...

i

v

\

■

i

.

’

»

• •

,

That’s right.-t I would certainly recommend that to that extent

that my recommendation would serve of any interest to any of

+•

•'t

.V *

those people.

THE COURT: And you would also assert.that the fact that the

gun company was engaging in an illegal conduct does not excu­

se the purchaser from the gun company. If it was 'illegal., iopo ssess or purchase such weapons? Yes? *

'

' ’

*

■

‘i

MR. LESTER: Precisely.”

1

16

knew were actively engaged in a Consumer Fraud

Scheme of fraudulently advertising illegal weapons

for sale and selling illegal weapons to the public

and the Petitioner. The Court and the US AttorNeys’ Office confirm that the US Department of

Justice knew that it was giving to Petitioner ca­

talogues that would sell illegal weapons that would

thereby place the public and the Petitioner in vio­

lation of the Law.

On September 21, 2021, Petitioner filed this in­

stant Petition Christian Nadal v. United States

States of America. 2:21-CV-7590-RSWL-l under

2nd

28 U.S.C.A. Section 1331 Federal Question,

Constitutional Amendment, Case No. 22-55262 (9th

Cir. 2022), the court then converted the Petition in

-to a Coram Nobis Petition.

The Court again denied the Petition and refused

to answer the legality of the machineguns and silen­

cers even after two other California Federal Courts

in United States v. Roh. Case No. SACR 14-167

JVS citing United States v. Jimenez. 191 F.Sup

-p.3d 1038 (Dis. ND. Calif. 2016) and the BATF let

-ter stated that the exact same trigger housing sold

by Sarco, Inc., Cobray Firearms, R.P.B. Industries

and Global Sales Limited were machineguns.

2. Statement of facts of law

Petitioner states that per Federal Statute Law

and federal Case Law that the machineguns and

silencer kits are regulated under Title 18 & 26. The

kits can be purchased with or without the receiver

tubes. The government at trial did not state that!

■ 17

The following case law confirms that just one part

or a combination of parts of a machinegun/silencer.

is a weapon regulated under Title'18 &.26.:n ' ’

4*

f

Federal'Statute Law 12

, l :

’

•

*)

1 ■ >. t: ■*? *

‘

.■' * r v-

'

»•,

QUESTIONS.PRESENTED. ,

* s

1. . Are the catalogues.given, to petitioner ie:

Global Sales Limited and Shotgun News fraud

-ulentiy, advertising' for sale illegal machineguns and silencers .kits machineguns and si­

lencers to the petitioner and the public when

those catalogues explicitly, state that NO Fed

11 United States v. Roh. Case No. 14-167 JVS , (Dist. C.D.

Calif.) citing United States v. 'Jimenez. '191F.Supp.3d 1038

1038 (D.CA\ 2016); United States v! Bradley,1 892 F.2d 634®635 <7* Cir.1990) citine United States u -Campbell! 427 F,2d

892.® 893 (5th Cir. 1970): , United States v.- Was. 684 F.Supp.

350 @ 353 {D.Conn. 1998): F.J. Vollmer v. Hissens. 23 F.3d

448 @449 (D.C. 1994); United States v. Kindred. 931 F. 2d

609 @610 (9th Cir. 1991); United States v. Bradley. 548 F.

Supp. 1130 ® 1136 (4th Cir. 1977); United States v. Palmieri.

21 F.3d 1265 @1272 (3«* Cir. 1994), 93-5134 United States v.

Palmieri: United States v.-Smith. 477 F.2d 399, 400 (8th Cir.

1973); United States v. Catanzaro. 368 F.Supp. 450 @ 453 (D.

Conn. 1973); United States v. Luce. 726 F.2d 47 @ 48 (1st Cir!

1984): United States v. Evans. 712 F.Sudd.1435 (D.Mont. 1989); United States v. Evans. 928 F.2d 858 (9th Cir. 1991); Un->

ited States v. Bishop, 926 F.3d 621 (10th Cir. 2019). t United ,

States v. Kelly. 548 F,.Supp. 1130 ® 1136 (fh (Cir. 1997), ,

12 “Title 26 U.S:C. 'Section 5845(b) ' “Machinegun"; :Title 18 '

U.S.C, Section 921(a)(25) “Firearms silencer’’; Title 18 U.S.C.

Section 921(a)(24) “Machinegun”; Title 26 U.S:C.(d); “Receive

a firearm illegally”; Title 26 U.S.C. 5861(e) “transfer a firearm

illegally; Title 26 U.S.C. Section 5841 “Registration of firearm

*?; Title 26 U:S.C.• Section'5811 “Transfer tax”; Title 26 (J.S.

C. Section 5812 “Transfers”.- T'4'

- 1 •

18

-eral Registration or License is Required to

Purchase these items for sale, NO FFL is Re­

quired to purchase? The Lower Courts should

have answered the questions per Title 28 U.S,

CA Section 1331 - Federal Question and Title

28 U.S.CA. Section 2201 - Creation of Remedy

- Chapter 151 - Declaratory Judgment

Are the machinegun kits and silencer kits

advertised for sale in the catalogues given to

Petitioner listed in the Coram Nobis / Title 28

U.S.C. Section 1331 of the Petition listed at

pages 20 to 59 machineguns and silencers re­

gulated under Title 18 and 26 U.S.C.?

Global Sales Limited now AA-OK, Incorporated

again refused to answer the Court Order to answer

the complaint and defaulted! Shotgun News shut

down in 2015 and stopped allowing weapons compa

-nies advertising machineguns and silencers kits

for sale to the public.

After Petitioner had StormFront, a European

American website place Petitioners warning to the

public about this Federal Government Weapons

Scam next to the BATFEs’ website. The BATFE

started placing pictures of the Auto-Sears, and ma­

chinegun kits and silencer kits on their webpage to

warn the public about their illegality. You can no

longer find Auto-Sears for sale to the public.

(Please see) this instant Coram Nobis Petition.

Exhibit 46 @ page 85 - 88.

Immediately after trying to serve R.P.B. Indus­

tries and Shooters Equipment Company, these

19

two weapons companies stopped advertisings, their

illegal MAC Machinegun kits, Silencer kits to the

public in Shotgun News.

i ■.

» .

<../

!

. -i.

Sarco Incorporated.'answered the complaint

arid stated that they had sold 14,000 Sten machine

-gun kits to the public; Sarco also sells .50 and .30

Caliber machinegun kits among many others as

shown in Exhibit 25 to 44 of the Coram Nobis Peti­

tion.1 The Federal Court applied Heck v.' Humph­

rey, on Sarco, Inc.1 Thereby allowing Sarco/ Inc.

and R.P.B. Industries to continue to this day on sel

-ling illegal machinegun arid silencer kits to the pu

*

-blic.

• ’i

<*! 1

\

.

'

•

’

'

i

'•

Petitioner asked the Lower Courts to state and

make a Declaratory Judgment on whether ,these

machinegun and silencer kits were fraudulently ad

-vertised for sale to the public arid regulated under

Title 18 and 26 U.S:C.! The Petitioner requested

under Title' 28, U.S.C.A. Section 1331 - Federal

Question, Title 28 U.S.C.A. 2201 - Creation of re­

medy -Chapter 151-Declaratory Judgment to

state the legality of these kits. The Courts repea­

tedly refused to answer the Motions for a Declara­

tory Judgment and state'the issue of the kits. ; 2 Did the United States Department of Just

•-ice knowingly by'giving and distributing ca­

talogues Advertising through a fraud scheme

arid selling illegal weapons to. Petitioner and

the public - violate the . 2nd . Constitutional Amendment Rights of those > persons illegally

convicted of purchasing those" machirieguris

and silencers.

20

United States v. Roh.. Case No. SACR 14-167

JVS@page2&3: 13

Petitioner claims that the Federal Government

giving him catalogues that advertise for sale and

state that the machinegun and silencer kits, AutoSears are legal to purchase is a Consumer Fraud

Scheme.

Petitioner also claims that selling to him illegal

machinegun and silencer kits through weapons co­

mpanies that the Government licensed that by sta­

tute law was required to register and pay the $200

transfer tax prior to transferring them to Petition­

er and (x)FBI Agent, Michael German is illegal.

13 “The court, after reviewing the evidence in the light most

Favorably to the government, must determine whether the

jury could reasonably find the defendant guilty beyond a rea

-sonable doubt.” United States v. Bernhardt. 840 F.2d

1441, 1448 (9th Cir. 1988).

Criminal statutes must give fair

notice of their scope: It is a basic principle of due process that

an enactment is void for vaeueness if its prohibitions are not

clearly defined. Vague laws offend several important values.

First, because we assume that man is free to steer between

Lawful and unlawful conduct, we insist that laws eive the

person of ordinary intelligence a reasonable opportunity to

know what is prohibited, so that he may act accordingly.

Vague laws may trap the innocently by not providing fair

warning. Second, I f arbitrary and discriminatory enforce­

ment is to be prevented, laws must provide explicit standards

for those who apply them. ” “Gravned v. City of Rockford.

408 U.S. 104, 108 (1972) (emphasis supplied). More stringent

standards are applied where the vagueness challenge involves

a criminal statute or the exercise of constitutional rights.

Villaee of Hoffman Estates v. Flipside Hoffman Estates

. Inc.. 455 U.S. 489-99(1982); Mc-ormac.k v. Herznn. 788

FM 1017, 1031 (9th Cir. 2015).”

21

Petitioner claims that the Federal Government

knew that these companies were Violating the law

arid knew that it would cause Petitioner and the

persons who purchased these kits to be in violation

of the law as confirmed by Judge, Nagle and AUSA,

Robert Lester in Nadal v. Jessner, See Ex: 45, p.

82 of Petition. Petitioner claims that Judge, Ronald

S.W. Lew should have addressed this issue in the

instant Coram Nobis/Petition 1331. •

Petitioner claims that the Federal Government

is operating a Consumer Fraud Scheme through

the US'Attorneys’ Office; FBI and BATFE by dis­

tributing and having these catalogues that adver­

tise arid illegally sell machinegun arid silericer kits

\machineguns arid silencers to both Petitioner and

the public.

For the sole purpose to illegally convict, steal the

properties,' illegally intern persons in the Federal*

Concentration Camp System also known as the

Bureau of Prisons and make them a felon so that

the people can no longer own firearms in violation

of their 2nd Constitutional Amendment Rights.

3 Does Heck V. Humphrey, violate Petition­

er’s Rights to due Process of the law, 5th and

14th Constitutional Amendment Rights when

used by the Federal Courts and the United

States Attorney’s Office to stop a civil com­

plaint that shows that the Petitioner is inno­

cent of the alleged'crime itt his Criminal case?

22

Petitioner claims that applying Heck v. Humph­

rey to his civil cases does violate his 5th and 14th

Constitutional Amendment Rights. As stated abo­

ve in this instant Petition and Brief, when the Fe­

deral Courts applied Heck v, Humphrey on Na

-dal v. Jessner, Nadal v. Sarco. Nadal v. Glob

-al Sales Limited and Nadal v. Bureau of Pri­

sons. it knew that it would stop all of Petitioners’

civil complaints.

Thereby protecting the government, its weapons

companies that operate as informants for the gov­

ernment ie: Sarco Incorporated and R.P.B. Indus­

tries who were called in as witnesses for the gover

-nment at Petitioners’ and Robbie Bascues trials.

Petitioner claims that his 5th and 14th Constitu­

tional Amendment Rights were violated when the

Court refused to answer his issues raised in his Pe

-titions and this instant Coram/Nobis /1331 Peti­

tion.

•.

The Court in the interest of justice is required to

answer Petitioners’ issues raised in his Petitions

and this instant Coram Nobis/1331 Petition.

4 Is Petitioner a Vexatious Litigant by filing

his Habeas Corpus 2255, 2241 and Coram No­

bis Motions allowed by law?

Petitioner claims that he is not a vexatious liti­

gant by rightfully filing his 2255,2241 and Coram

Nobis Motions.

Petitioner claims that the Court, Judge, Ronald

S.W. Lew continuously and repeatedly refused to

23

answer any legal questions on the kits issue rais­

ed in the Habeas Corpus motions and in this in­

stant motion.

Petitioner stated in his Response to Court Order

filed January 31, 2022, that he filed his 2255 mo­

tion with new evidence from the. Federal Govern­

ment itself ie: Nadal v. Bureau of Prisons.

when Tucson, AZ, US Attorneys’ office stated that

the machinegun kits were machineguns under 5845(b). In this instant Coram Nobis/1331 Petition,

the BATF letter stating machinegun kits, parts etc.

are machineguns regulated under Title 18 & 26.

See Ex. 5, p. 19 of Petition. The very same BATF

and FBI Office that gave Petitioner the weapons

catalogues stating that these weapons were legal

tp purchase and possess.

Petitioner claims that he has a legal right to file

these 2255,2241 and Coram Nobis/1331 Petitions.

That the Court should by law have answered the

questions raised in these motions. Had the Court

Raised or answered these issues prior to trial, the

Petitioner would not have had to file all of these

motions. United States v. Jimenez. 191 F.Supp.

3d @1040: H

14 "A pretrial motion to dismiss a criminal case is appropria

-te “if it involves questions of law rather than fact. ” United

States v. Shortt Accountancy Coro.. 785 F.2d 1448. 1452

(9th Cir. 1986) (citations omitted). A district court “may make

preliminary findings of fact necessary to decide the questions

of law presented by pretrial motions so long as the court’s find

-ings on the motion do not violate the province of the ultimate

finder of fact. ”

24

The Court arid the US Attorneys’ Office cited to

the jury Title 26 U.S.C. Section 5845(b). The Court

and the US Attorneys’ Office cannot state that they

did not know the law that the machinegun and sil­

encer kits were not machineguns and silencers reg

-ulated under Title 18 & 26 and sold illegally to the

Petitioner, (x)FBI Agent, Michael German and the

public. The jury was unreasonable as confirmed by

the Q111 Circuit Court of Appeals on Petitioners’ Di­

rect Appeal as the jury clearly could not read or un

-derstand the law.

5 Petitioner’s Coram Nobis should be Grant­

ed due to the facts of law that clearly show

the Petitioners’ actual innocence.

The fact of law, contrary to what the 9th Circuit

Court of Appeals stated in their Opinion of this in­

stant case, clearly states that the Auto-Sears ad­

vertised in the catalogues given to Petitioner were

machineguns per federal statute law and as ruled

in United States v. Was. These Auto-Sears im­

mediately stopped being sold by Global Sales.

Ltd, after they were served by the US Marshalls

Office. No thanks to the US Attorneys’ Office and

the Court.

The Sten and MAC machinegun kits advertised

and sold by Sarco Incorporated. Global Sales

Limited and R.P.B. Industries are also machineguns regulated under Title 18 & 26. These Sten

and MAC machineguns stopped being advertised

and sold by Global and R.P.B. immediately after

being served the complaint against them as well as

the silencer kits sold by Global. R.P.B. and Shoot

25

ers Equipment. Co. Thanks to Heck v. Humph­

rey and protected by the US Department of Justice,

the Courts and the US Attorneys’ Office, Sarco and

R.P.B.. today continue to sell their illegal machinegun with / without the upper receiver and silencer

kits.

. While these companies named'above have continu

-ed.to sell their illegal machineguns and silencers to

the public, Petitioner lost his job flying Boeing 747s

for Continental Airlines, his income,’ his pension

and was separated from his wife while interned in

the Federal Concentration Camp System for 6 %

years. ..■ •

.

V- .

His wife was illegally interned for 2 years until her

illegal conviction was reversed.

•

The Coram Nobis here clearly shows an error of

fact that is distinguished from law.

The (x)FBI Agent, Michael German at trial testi­

fied that Petitioner told them that once they had as­

sembled the machinegun and silencer kits together

that they should register them. Both Petitioner and

Michael German had purchased the majority of the

weapons on their credit card and shipped to their

homes in their names letting the BATFE and all

Law Enforcement Agencies know that they had

these weapons. See Ex. 6, p. 20 of Petition.

At trial the silencers showed that they had been da

-maged when test fired by the government since

they were bent to make them inoperative. •

At Chino, CA Airport where Petitioner had his 1942 Lockeed Lodestar parked next to the Memphis

26

Bell B-17 Bomber which carried about 10, .50 / .30

Caliber machineguns, Petitioner showed (x)FBI Agent, Michael German the weapons. None of which

are registered since they were kept somewhat non­

functional, but, still illegal.

Petitioner claims that this Writ of Coram Nobis as

stated by the US Attorneys’ Office in Salt Lake City,

UT in Christian Nadal v. United States. Case No.

4:18-cv-00069-DN is his only remedy left to cor >it

the error and have his illegal conviction revere

Petitioner claims that it was a legal impossibility

for him to register the weapons that he and the ag-ents purchased from Sarco, Inc., Global Sales, Ltd.

and R.P.B. Industries.

Petitioner claims that a Coram Nobis has no time

limit of when to file the motion when actual inno­

cence is shown McGuiggin v. Perkins. 133 S.Ct.

1924(2013).

Petitioner claims that Judge, Ronald S.W. Lew

would not have granted this Coram Nobis even if

filed after his probation was over.

REASONS FOR GRANTING THE WRIT

As in Jimenez and Bishop where each defen­

dant were convicted for just possessing one part on

-ly of a machinegun, the kits stated above only had

one missing part or needing a part to be bent into

shape. Clearly these kits are illegal. Petitioner

can’t even purchase them to introduce them as evi

-dence in this very Court due to their illegality.

27

CONCLUSION

•

.1

The issue presented before this Court concerns

the lives of hundreds of thousands of American Ci­

tizens that have purchased these illegal machinegun and silencer kits Nation Wide which should be

addressed by this United States Supreme Court. ■

The District Court in its Order dated December

15, 2021 and March 2, 2022 bn the 2nd page of both

Orders states: The allegations against Petitioner

concerned the manufacturer and sale of illegal fire­

arms and their parts:’ Not once did the 'Courts ’

ever answer or address the issue of whether the ma

-chinegun / silencer kits, parts kits! or parts were

a firearm regulated under Title 18 Or 26. Yet, the

Court convicted Petitioner of the Auto-Sears (4

parts) ruled by United States v. Was after it gave

through the FBI and BATFE catalogues that stated

they were legal to purchase “NO FFL REQUIRED

TO PURCHASE OR POSSESS”. The Court also con

-victed Petitioner of the machineguns that were al­

ready manufactured by Sarco, R.P.B. and Global as

a machinegun when the kits contained the exact

same trigger housing as in United States v. Roh

and United States v. Jimenez. The same applies to

silencer kits sold to both Petitioner and the agents.

The Court states that Petitioner’s arguments are

baseless and meritless, yet other Courts found me­

rit in his claims and Ordered the United States Mar

-shalls’ to serve the complaints against several

weapons companies that Judge, Ronald SW Lew is

28

I

protecting. Judge Lew and the Ninth Circuit never

once answered any of the Federal Case Law cited in

any of Petitioner’s Petitions concerning the kits.

It is a legal impossibility for the Petitioner, Chris­

tian Nadal to register and pay the $200 Transfer

Tax per Title 26 U.S.C.A. Section 5841, 5811, 5812

for the machineguns and silencers that he and Mi­

chael German purchased from the catalogues given

to him by the FBI and BATFE.

Based on the foregoing, Petitioner respectfully re­

quest that his Petition for a Writ of Certiorari and

his Coram Nobis and a full reversal of his illegal

conviction and a dismissal of all charges be

GRANTED.

Respectfully submitted

\9 ‘

Dated: May 15, 2023.

By:

Christian Gilbert Tony Nadal - pro se

3566 South 1550 West .

St. George, UT 84790

(435) 659-7605

christheflverl@aol.com

29

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.