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Kent Hovind's April 2007 appeal denied

Saturday, April 21, 2007

Kent Hovind's motion for acquittal was denied on Wednesday, April 18, 2007. Hovind, a Pensacola young Earth creationist and operator of Dinosaur Adventure Land, along with his wife, Jo Hovind, were found guilty in November 2006 on 58 federal counts of "willful failure" to payroll taxes, structuring bank withdrawals, and obstructing federal agents.

On January 19, 2007 Kent was sentenced to ten years in prison and ordered to pay US$640,000 in owed funds to the Internal Revenue Service, pay prosecution's court costs of $7,078, and serve three years parole once released.

In his motion, Hovind had contended that under the rule in a case called United States v. Davenport the crime is not the individual withdrawals, but is instead the total transaction, also known as the "unit of the crime." Thus, Hovind argued that in his case there was no "unit of the crime" "separate and distinct from the alleged act of withdrawing, and without such a separate amount to be structured [. . .] there could be no crime alleged, and no conviction on any charge in Counts 13 through 57." The trial court rejected Hovind's "unit of the crime" argument.

Had the judge ruled in Hovind's favor his sentence would have reduced Hovind's prison sentence from ten years to five years.

Jo Hovind sentencing was delayed pending the ruling on the motion. She will be sentenced soon though no date has been set.

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