734 Rutland Avenue
Teaneck, NJ 07666

January 26, 2011

Pro Se Clerk
Room 230
U. S. District Court
Southern District of New York
500 Pearl Street
New York, NY 10007

Re: United States v. Julian Heicklen, Cr. 1154

Dear Clerk:

    Rule 2 of FRCr.P states:

“These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.”

    The Court has already violated Rule TITLE 18 > PART II > CHAPTER 208 > § 3161(c)(2) which states:
“(2) Unless the defendant consents in writing to the contrary, the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se.”

I was served by summons on January 11, 2011.  The date set for the first hearing was January 24, 2011, in violation of this rule.  On that date, you issued a warrant for my arrest.  Such a warrant is illegal and is null and void.

    I am demanding a speedy and public trial as required by Amendment VI of the U. S. Constitution.  Rule TITLE 18 > PART II > CHAPTER 208 > § 3161 (c)(1) states:

In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent.”

    I first appeared before a judicial officer of this court in regard to this case on June 14, 2010.  The case was filed on November 18, 2010.  Thirty days from service would be February 10, 2011, which is the first date the case could commence.  This is 84 days after the filing date.

    The Court did not conform to its own rules. Therefore this case has been nullified.  I did not even need a jury to perform the nullification.

Sincerely yours,

Julian Heicklen
Former Defendant
Counsel Pro Se

CC: Rebecca Mermelstein, Assistant U. S. Attorney, S. D. N. Y., U. S. Courthouse, 300 Quarropas Street, White Plains, NY 10601