Wesley Snipes appeared before the 11th Circuit Court of Appeals in Atlanta, Georgia to appeal a sentence of three years in prison he was given for not filing his taxes.
The verdict, according to the court was ”within its considerable discretion” to sentence him to imprisonment and that the term was appropriate due to the large amount he owed the US government.
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 was high and thus more ‘serious’ and ‘harmful to the treasury,’ as it was in this case, the guidelines would advise a longer sentence.”
However, Snipes lawyers argued that his former financial adviser’s evidence against him should have been considered tainted as prosecutors knew he was under federal investigation for securities fraud.
Snipes’ lawyer stated:
“Obviously we are extremely disappointed by the decision. We have not digested fully all of their opinion.”
According to Assistant US Attorney Robert O’Neill, the case will now be handed over to a district judge, who will issue Snipes a date on which he will have to surrender to the authorities.