Posted on April 23, 2008 by Thomas Withers

Snipes Sentencing Tomorrow - No Defense Sentencing Memo

With sentencing scheduled for Thursday, April 24, Snipes has:

  • added another lawyer, his sixth attorney, that, apparently, will be present at sentencing,
  • moved to continue sentencing, and,
  • all important, has requested the use of a laptop at sentencing!

As noted here, the resolution conference to resolve disputed issues regarding the presentence investigation report was held on Friday, April 11, 2008. By Monday of the following week, April 14, 2008 the government had filed a 36 page sentencing memo arguing that by any stretch of a sentencing calculation, Snipes faces a 36 month term of incarceration.

Snipes counsel’s reaction was to file the following day, a motion to continue sentencing. That motion, filed on tax day, was denied by Judge Hodges the following day.

The government, meanwhile has filed a Motion for Bill of Costs, seeking costs of just over $250,000.00.

Yet to be filed by defense counsel is a sentencing memorandum, fairly standard practice in any case of complexity, particularly, where counsel seeks to argue that the factors set forth in 18 U.S.C. § 3553 provide some ground for departure from the applicable guideline range. My guess, any pleading filed the day before sentencing, is filed a day too late.

So, what does Judge Hodges have to consider the day before sentencing – the presentence report, which will recommend a 36 month sentence and the government’s 36 page sentencing memorandum arguing for a 36 month sentence (is there some cosmic symmetry to the pagination). Mr. Snipes should prepare for 36 months.

Tags: , ,
Posted on April 7, 2008 by Thomas Withers

Wesley Snipes Changes Lawyers Again as He Approaches Sentencing

Sentencing for Wesley Snipes is set for April 24, 2008 and he has just dismissed his trial counsel, Robert Bernhoft and his firm. Bernhoft, who, you will recall, was brought into the case, just prior to trial has had notable success against the government in prior IRS cases, and he did a masterful job at trial in this case. The jury acquitted Snipes of the felony charges and convicted him of three misdemeanors. 

Snipes, appearing ecstatic after the verdict, apparently, is ecstatic no longer because Bernhoft filed a motion to withdraw as counsel of record last Tuesday, April 1. Judge Hodges granted that motion the following day, noting that Snipes had instructed the Bernhoft firm to file the motion. Snipes apparently has no clue how bad this lawyer shifting makes him look, but to gain an understanding of the musical chairs at play here, take a gander at the timeline of events:

Trial was originally scheduled for October 22, 2007.

October 3, 2007 just three weeks before trial was scheduled to begin, Bernhoft filed his notice of appearance in the case, along with a Motion for Continuance, which was denied.

October 3, 2007, previous counsel for Snipes, including Daniel Meachum, filed a motion to withdraw as counsel.

October 9, 2007 Bernhoft filed a scathing Motion for Reconsideration alleging a variety of deficiencies in preparation by prior counsel.

That Motion was granted and trial was scheduled for January, 2008.

January 11, 2008, Meachum filed a notice of appearance and was back in the case.

February 1, 2008, the jury acquitted Snipes of the felony tax counts, but convicted him on three misdemeanor tax offenses.

March 28, 2008 two new counsel filed motions indicating that they were appearing as counsel for Snipes.

April 1, 2008 Judge Hodges granted those motions.

April 1, 2008, exactly three weeks before sentencing Bernhoft and his firm filed a Motion to Withdraw as counsel of record.

April 2, 2008 Judge Hodges granted the Bernhoft firm's motion to withdraw.

In an earlier post, I had posited that Snipes’ acquittal on the more serious felony charges was a pyrrhic victory since all of his relevant conduct would be taken into account at sentencing. My prediction then and now is that Snipes will receive a  sentence toward the upper end of the statutory maximum sentence of three years.

Snipes is still left with several lawyers, but Bernhoft did a magnificent job at trial. That Snipes has again dismissed his lead counsel just prior to sentencing is now an established pattern, which, quite frankly, looks bad, and my guess is, doesn't sit well with the Court. 

This set of musical chairs as sentencing approaches has the look of desperation. April 24 will be an unpleasant day for Mr. Snipes, no matter his machinations with counsel.

Tags: , ,