USA v. Bowden, No. 09-10125 (5th Cir. 2010)

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Case: 09-10125 Document: 00511307405 Page: 1 Date Filed: 11/30/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10125 Summary Calendar November 30, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WESLEY DAVID BOWDEN, Defendant-Appellant 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:* 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-10125 Document: 00511307405 Page: 2 Date Filed: 11/30/2010 No. 09-10125 Bowden s appeal is without arguable merit and is therefore frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5 TH C IR. R. 42.2. Accordingly, the Government s motion to dismiss is GRANTED. 2

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