Sovrun Frivolous Appeal

LPC
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Sovrun Frivolous Appeal

Post by LPC »

There have been two previous threads on Dr. Bowden's conviction:

Dentist convicted of tax crimes despite being white and

DOJ deems Dallas dentist demented

Now, Bowden's appeal has been dismissed as frivolous, apparently without the government even having to file a brief.

United States v. Wesley David Bowden, No. 09-10125 (5th Cir. 11/30/2010).
5th Circuit wrote:UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
WESLEY DAVID BOWDEN,
Defendant-Appellant

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Summary Calendar

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.

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.

FOOTNOTE

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 R. * 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

END OF FOOTNOTE
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
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Re: Sovrun Frivolous Appeal

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In case someone here has not filled the monthly quota of authentic handwritten frontier gibberish - y'know, continuing Illuminati education - Bowden's brief counts for .1 hour.
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Re: Sovrun Frivolous Appeal

Post by Judge Roy Bean »

At least now he can declare himself a political prisoner.

Victory! :brickwall:
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Re: Sovrun Frivolous Appeal

Post by JamesVincent »

An idea. Cant these people be tried in a state court, since in a lot of places the state tax is based on your federal tax? If they were tried in a state court, they cant pull the sovrun issue since then they would have to say they werent citizens of the state, which is what their saying they are now. I know its not a solution to the problem, but I like the idea of the WTF look on their face when they learn they will be tried in a state court instead of federal. Kinda shoots the whole sovrun theory down.
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Re: Sovrun Frivolous Appeal

Post by Dr. Caligari »

Bowden's brief counts for .1 hour.
Even the "Table of Authorities" is a hoot-- how many briefs can you say that about?
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Re: Sovrun Frivolous Appeal

Post by grixit »

Heh, he wants the "Constitution for the United States", that's "for" not "of". A lot of sovruns think there's a difference.
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Re: Sovrun Frivolous Appeal

Post by Quixote »

JamesVincent wrote:An idea. Cant these people be tried in a state court, since in a lot of places the state tax is based on your federal tax? If they were tried in a state court, they cant pull the sovrun issue since then they would have to say they werent citizens of the state, which is what their saying they are now. I know its not a solution to the problem, but I like the idea of the WTF look on their face when they learn they will be tried in a state court instead of federal. Kinda shoots the whole sovrun theory down.
I don't see what you're getting at. Bowden says he can't be convicted because he's not subject to the laws of the US. If that argument were valid, it would be valid in state as well as federal court. If you're suggesting that the DoJ prosecute him in state court for evading his state income tax, there are at least two problems. First, Texas has no income tax. Second, I can't help thinking that would be politically, if not legally questionable.
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Re: Sovrun Frivolous Appeal

Post by JamesVincent »

He and every other sovrun says they are not liable for FEDERAL income taxes since they are citizens of the state, not the country. If they are indeed citizens of the state, no matter what they really are, then they should still be liable for that states tax. Like I said, its probably an impossibility, but I would love to see one of their faces when they found out that they cant even argue it since they proclaimed themselves that they are citizens of the state. Wasnt aware Texas had no state tax, I thought Delaware was the only one left with no state tax.
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Re: Sovrun Frivolous Appeal

Post by The Observer »

The problem is that many of these sovruns also believe that they don't have to pay state taxes. imalawman has ran into these idiots when he was working for his state tax agency.
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Re: Sovrun Frivolous Appeal

Post by . »

No state income tax: Alaska, Florida, Nevada, South Dakota, Texas, Washington, Wyoming.
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Re: Sovrun Frivolous Appeal

Post by bmielke »

. wrote:No state income tax: Alaska, Florida, Nevada, South Dakota, Texas, Washington, Wyoming.
Tennessee only has income tax on Interest and Dividends.
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Re: Sovrun Frivolous Appeal

Post by grixit »

The problem is that sovereigns don't claim to be citizens of State X, a member of the federation known as the United States. They claim to be citizens of Republic X, an independednt nation that does a little business with a corporation known as the United States, which in turn is variously headquartered in the District of Columbia, Puerto Rico, Guam, or the Vatican.
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Re: Sovrun Frivolous Appeal

Post by Dr. Caligari »

They claim to be citizens of Republic X,
For all I care, they can be citizens of drert arein.
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Re: Sovrun Frivolous Appeal

Post by ashlynne39 »

wserra wrote:In case someone here has not filled the monthly quota of authentic handwritten frontier gibberish - y'know, continuing Illuminati education - Bowden's brief counts for .1 hour.
I can't open it. Says there are some items that need repair. I needed some entertainment this evening too.
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Re: Sovrun Frivolous Appeal

Post by ashlynne39 »

Story from the Dallas Morning News
Dallas tax protester needs a mental exam, prosecutors say
6:02 PM Thu, Aug 28, 2008 | Permalink | Yahoo! Buzz
Jason Trahan/Reporter Bio | E-mail | News tips


Dallas dentist Dr. Wesley Bowden and the authorities who prosecuted him last month for dodging a massive tax bill have at least one thing in common: both think the other side is crazy.

Federal prosecutor Katherine Miller wrote U.S. District Judge David Godbey on Aug. 15 that Dr. Bowden may be "suffering from a mental disease or defect" leaving him unable to understand his legal situation.

Since his conviction in late July for waving off $327,000 in income taxes over a 16-year period, the tooth doc apparently has been freaking out the guards at the Seagoville federal prison, where he awaits his Oct. 20 sentencing.

"In particular, prison officials have observed the defendants failure to dress appropriately," Miller wrote to the judge. Sadly, she did not elaborate. Dr. Bowden also has "periods of incoherence," she said.

In sum, prison officials tell the U.S. Attorney's office, the doctor's "mental condition has seriously deteriorated."

Three days after Miller filed her request, Judge Godbey authorized a mental exam.

Meanwhile, Dr. Bowden, who represented himself at trial, has launched a dead-tree jihad against court officials, protesting his conviction.

He's filed nearly 70 pages of motions, all basically arguing that the U.S. government ("a fictitious foreign state," he writes) has no claim over him because Texas is its own nation. Besides, paying taxes isn't required by law, he argues.

He marvels that the "lazy" jury took less than two hours to convict him, when it's taken him 15 years to "to finally decipher the codes, regulations, and rules for learning the truth."

"They should have been in the jury room for months trying to determine how many different ways the prosecution was lying to them or how much magik to which they had been subjected," he writes.

A motion he filed on Monday begins: "Comes now, Wesley David Bowden... a non-corporate, natural born, living breathing being, a flesh and blood man, born alive, on the soil, in the third dimension and beyond the sea..."

Two weeks after his conviction, his wife wrote a magistrate judge informing him that she had "found" the "papers relating to the land in Tennessee" that she says her and her husband own that they can post as collateral for a bond to free the doctor while he awaits sentencing. Its worth? "At least a million dollars," she writes.

She said that it's absurd to think her husband is a flight risk. She says they're both digging in for a "5 or 6 year campaign," i.e., the appeal, which she says "will probably require ... the brilliant minds of the justices of the Supreme Court" to decipher.
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Re: Sovrun Frivolous Appeal

Post by wserra »

Dr. Caligari wrote:For all I care, they can be citizens of drert arein.
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Re: Sovrun Frivolous Appeal

Post by wserra »

ashlynne39 wrote:I can't open it. Says there are some items that need repair. I needed some entertainment this evening too.
Do you have the latest Illuminati version of Reader (8.2.5)? Works fine for me.
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Re: Sovrun Frivolous Appeal

Post by Gregg »

And today's "Funny, Money Quote" is:
"In particular, prison officials have observed the defendants failure to dress appropriately," Miller wrote to the judge. Sadly, she did not elaborate.
Quick, someone call over to Wikileaks and get the details!
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Re: Sovrun Frivolous Appeal

Post by ArthurWankspittle »

Gregg wrote:And today's "Funny, Money Quote" is:
"In particular, prison officials have observed the defendants failure to dress appropriately," Miller wrote to the judge. Sadly, she did not elaborate.
He's trying the Maxwell Q. Klinger exit strategy?
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Re: Sovrun Frivolous Appeal

Post by jcolvin2 »

wserra wrote:In case someone here has not filled the monthly quota of authentic handwritten frontier gibberish - y'know, continuing Illuminati education - Bowden's brief counts for .1 hour.
CPE = Continuing Protestor Eduction?