U.S. v. Bowden

Full title: UNITED STATES of America, Plaintiff-Appellee v. Wesley David BOWDEN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Nov 30, 2010

402 F. App'x 967 (5th Cir. 2010)

Opinion

No. 09-10125 Summary Calendar.

November 30, 2010.

Susan Cowger, Sarah Ruth Saldana, Esq., Assistant U.S. Attorneys, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Wesley David Bowden, Dallas, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:08-CR-89-1.

Before JOLLY, GARZA and STEWART, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Wesley David Bowden appeals his conviction on six counts of attempted tax evasion and his six concurrent prison terms of 24 months each. The Government has moved to dismiss the appeal as frivolous or for summary affirmance or, alternatively, for an extension of time.

Bowden asserts that the only issue on appeal is whether the district court had jurisdiction to convict him. He contends that it did not because he is a sovereign and not subject to the laws of the United States.

Bowden's appeal is without arguable merit and is therefore frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. Accordingly, the Government's motion to dismiss is GRANTED.