Public Petition for Sua Sponte Call for Rehearing En Banc
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In 2010, Daniel Smith wrote the FDA to ask if they had any legal valid objection to his operating under a First and Fourteenth Amendment private healthcare membership association. The FDA never responded. A year later, without warning, the agency stormed his home and business, seized bank accounts, and spent the next two years pouring through emails to find something to indict over.
In 2013, Smith was indicted by false and hearsay testimony using contortions of the Food Drug and Cosmetic Act. The prosecution employed the media to propagandize the public on the merits of its case. In 2015, in a shocking display of political injustice, Smith was wrongly convicted in what bystanders described as a sham trial operating under court-directed verdict in which the government was allowed to confuse the jury, contort the law, and not prove all the elements, while Mr. Smith was denied his right to present a case in defense.
After two and a half years in prison, the Ninth Circuit summarily denied Smith's appeal by memorandum disposition drafted by a clerk, ignoring upwards of ten material dispositive issues, impermissibly amending the indictment and conflicting with intra-circuit, extra-circuit, and U.S. Supreme Court precedent.
If a mandate is permitted to issue under these circumstances, it will have the effect of setting a new standard for denying the right to a fair trial and meaningful appeal, take on the appearance of bias, and continue to erode the public's confidence in the administration of justice. Moreover, the Ninth Circuit will have created conflicting law and the FDA will have significantly advanced its reach beyond the intent of Congress.
Our only hope now is that reasoning circuit judges will carefully review and sua sponte call for rehearing en banc to correct this miscarriage in justice. Please read and sign if you support this petition, which has been launched by friends and family of Daniel Smith and the support of the natural health community around the world. Respectfully ask each judge of the Ninth Circuit to rehear Daniel Smith's case en banc.
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