Kent Hovind still serves our LORD ... www.FreeHovind.com

On January 8, 2010, the Supreme Court will look at my “Motion for Reconsideration to Grant Writ of Certiorari.” I’m no lawyer and don’t speak lawyer language; so, after much prayer, I just wrote in plain English what God laid on my heart. Although I could have chosen a dozen issues, I brought only two issues to the court. They have the potential to affect many Americans.

I’m asking any who love God and our ministry and our country to pray that the Supreme Court will grant my motion and then rule in our favor on both issues. Below is a summary of my Motion. If God leads you, please pray and fast with me on January 8, 2010.

09-5043
IN THE SUPREME COURT OF THE UNITED STATES
MOTION FOR RECONSIDERATION
TO GRANT WRIT OF CERTIORARI
Kent E Hovind pro se
#0652-017
Federal Satellite Camp
Box 725
Edgefield, SC 29824

PETITIONER respectfully prays that this Honorable Court would GRANT Petitioner’s Petition for Rehearing to resolve a Circuit split and to clarify a matter of law.

The first issue is to establish the meaning of the word “structuring.” In 31 U.S.C.§5324(a)(3); Ratzlaf v. United States; as well as the 2nd Circuit; the 7th Circuit; the 9th Circuit, and the 10th Circuit all say the amount structured in two or more transactions must be more than $10,000.00. However, both the lower district court and the 11th Circuit Appeals Court say that a single transaction of more or less than $10,000 violates the law and results in a five year prison term, as was my case in which each single transaction of less than $10,000.00 was charged separately as a crime.

I pray that this court will resolve this split; or, if the 11th Circuit decision is now case law establishing that any transaction in any amount can be declared a crime, please use the rule of Lenity. Our withdrawals of ministry money received in legitimate ways to spend on legitimate church ministry bills were withdrawn as the ministry had need of them and were never a part of a large amount being broken down for any illegal purposes.

I cannot find any cases where any court has ruled that withdrawals, rather than deposits can be structured, nor can I find a case that answers the question of whether a single transaction can be considered a structuring crime. I pray that this court will grant my petition to review this case to answer these issues.

The second issue the circuits are split on, is the 1995 PRA. 44 U.S.C. § 3505; the 10th Circuit in U.S. v. Collins, 920 F.2nd 619 fn 12 and 13; this court in Dole V. United Steelworkers; the 9th Circuit in U.S. v. Hatch and the USGAO report from 2005 page 34 all agree that I cannot be penalized for not filling out a “bootleg” form, yet the lower court said 44 U.S.C. § 3505-12 cannot be relied upon and gave me five years in prison for doing so. The 11th Circuit was silent on this issue on appeal. The 10th Circuit has another case being appealed to this court on this issue as well.

When 31 USC § 5322, 5324 was amended (See Money Laundering Suppression Act of 1994 codified at 31 USC § 5322(a) and 5324(d) this caused a Constitutional issue that requires this Honorable Court’s clarification as it impacts the circuit split on structuring as well.

I pray this Honorable Court will GRANT my petition for rehearing to resolve the splits and clarify the 1995 PRA.

Respectfully Submitted

Kent Hovind pro se



"If I am crucified, I want people to know why. I want my message to continue. I want people to say wow - Hovind was right! Lets spread these tapes around!" - Kent Hovind ~ audio recording from jail ............. www.FreeHovind.com