Wesley Snipes has lost his appeal against a three-year jail sentence.
The Blade star was told at the 11th Circuit Court of Appeals in Atlanta that the maximum prison term he was given for tax evasion in 2008 was appropriate because of the “serious” level of debt he had to the US government.
“The district court acted well within its considerable discretion in sentencing Snipes to thirty-six months in prison,” appeal judges wrote.
“If the defendant’s crime were not ’serious’ because the tax loss was minor and if his criminal history so warranted, the guidelines would advise a sentence of probation.
“In contrast, if the tax loss were high and thus more ’serious’ and ‘harmful to the treasury,’ as it was in this case, the guidelines would advise a longer sentence.”
The 47-year-old star had hoped to have the sentence overturned and his conviction dismissed, or have a new trial on the grounds of a technicality, claiming he should have had a hearing to establish if his original trial should be held in New York or Florida.
The actor’s lawyers had also argued that his former financial adviser’s evidence against him should have been viewed as tainted because prosecutors knew he was under federal investigation for securities fraud at the time
“Obviously we are extremely disappointed by the decision,” said Snipes’ lawyer. “We have not digested fully all of their opinion.”
Assistant US Attorney Robert O’Neill revealed the case would now be sent to a district judge, who will give the actor a date on which he will have to hand himself into authorities.
The Blade star was told at the 11th Circuit Court of Appeals in Atlanta that the maximum prison term he was given for tax evasion in 2008 was appropriate because of the “serious” level of debt he had to the US government.
“The district court acted well within its considerable discretion in sentencing Snipes to thirty-six months in prison,” appeal judges wrote.
“If the defendant’s crime were not ’serious’ because the tax loss was minor and if his criminal history so warranted, the guidelines would advise a sentence of probation.
“In contrast, if the tax loss were high and thus more ’serious’ and ‘harmful to the treasury,’ as it was in this case, the guidelines would advise a longer sentence.”
The 47-year-old star had hoped to have the sentence overturned and his conviction dismissed, or have a new trial on the grounds of a technicality, claiming he should have had a hearing to establish if his original trial should be held in New York or Florida.
The actor’s lawyers had also argued that his former financial adviser’s evidence against him should have been viewed as tainted because prosecutors knew he was under federal investigation for securities fraud at the time
“Obviously we are extremely disappointed by the decision,” said Snipes’ lawyer. “We have not digested fully all of their opinion.”
Assistant US Attorney Robert O’Neill revealed the case would now be sent to a district judge, who will give the actor a date on which he will have to hand himself into authorities.
