Snipes Appeals Overly Taxing Prison Sentence

Actor's defense team seeks reduction in "unreasonable" three-year term; claims trial should have been held in New York, not Florida

By Gina Serpe Nov 20, 2009 7:15 PMTags
Wesley SnipesJohnny Nunez/Getty Images

Not paying your taxes for five years? Understandable. Going to prison for three years as a result? Totally unreasonable. At least according to Wesley Snipes' crack (but not that crack) defense team.

Attorneys for the Uncle Sam-dodging Blade star have filed an appeal against the actor's would-be imprisonment, calling the sentence "unreasonable" and claiming that his tax-evasion trial—which came to a close last February after Snipes was convicted on three misdemeanor counts of failing to file a return—should have taken place in New York and not Florida.

Nevermind that the 47-year-old actor's housing records showed that he lived in both states or that his legal team had ample time prior to the years-in-the-making trial to seek the location swap.

"The right to a correct venue is part and parcel to the right to a jury trial," Snipes' attorney, Peter Goldberger, said at today's hearing. Snipes was not present for the proceedings, but is currently out on $1 million bond while he appeals the sentence. (Not to be confused with his unsuccessful appeal of the conviction.)

The prosecution, meanwhile, shot down Goldberger's claim, saying that no amount of whining over the justly chosen venue can reverse Snipes' wrongdoing.

"Wesley Snipes received a fair trial and fair sentence," assistant U.S. attorney Patricia Barksdale said. "His numerous appeals do not make that sentence erroneous."

Snipes was sentenced in April of last year after a jury determined that the actor failed to file returns on at least $13.8 million in income between 1999-2004.

The 11th U.S. Circuit Court of Appeals made no immediate decision on the actor's request.

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Snipes isn't the only celeb to have fallen afoul of Uncle Sam. Check out who else hasn't been paying up.