Wesley Snipes stays out of jail a little longer

Just weeks after a federal appeals court upheld Wesley Snipes’ 2008 three-year prison sentence for failing to file tax returns, Snipes is trying again to avoid prison when the “Blade” actor files another motion with the court, this time alleging judicial misconduct.

Snipes’ initial appeal focused on what he considered an “unreasonable” sentence. He believed he should serve probation at most. A panel of federal judges disagreed, paving the way for Snipes to serve his prison sentence as originally ordered.

Recent legal action has given Snipes a little more time to enjoy his freedom. He now does not have to report to the Bureau of Prisons on September 2, a date allegedly given to Snipes by the U.S. Marshal.

From a procedural perspective, what’s happening isn’t so much a continuation of the legal process as a new direction. Snipes’ attorneys have filed a motion for a new trial, citing evidence that he’s been denied his Fifth and Sixth Amendment rights. In case those aren’t so easy to pronounce, here’s the text of the Fifth Amendment: