USA v. Bowden

Filing

UNPUBLISHED OPINION FILED. [09-10125 Dismissed AS FRIVOLOUS] Judge: EGJ , Judge: EMG , Judge: CES Mandate pull date is 12/21/2010 for Appellant Wesley David Bowden; denying motion for summary affirmance filed by Appellee USA [6571092-3]; mooting motion to extend time to file appellee's brief filed by Appellee USA [6571092-4]; granting motion to dismiss appeal filed by Appellee USA [6571092-2] [09-10125]

USA v. Bowden

Case: 09-10125 Document: 00511307405 Page: 1 Date Filed: 11/30/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-10125 S u m m a r y Calendar November 30, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. W E S L E Y DAVID BOWDEN, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 3:08-CR-89-1

B e fo r e JOLLY, GARZA and STEWART, Circuit Judges. P E R CURIAM:* W e s le y David Bowden appeals his conviction on six counts of attempted t a x evasion and his six concurrent prison terms of 24 months each. The

G o v e r n m e n t has moved to dismiss the appeal as frivolous or for summary a ffir m a n c e or, alternatively, for an extension of time. B o w d e n asserts that the only issue on appeal is whether the district court h a d jurisdiction to convict him. He contends that it did not because he is a s o v e r e ig n and not subject to the laws of the United States.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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Case: 09-10125 Document: 00511307405 Page: 2 Date Filed: 11/30/2010 No. 09-10125 B o w d e n 's appeal is without arguable merit and is therefore frivolous. See H o w a r d v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. Accordingly, t h e Government's motion to dismiss is GRANTED.

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