Attorneys for Wesley Snipes say they want to question jurors who convicted the actor of tax-related charges to determine whether any had made up their minds about his guilt before trial.

The motion filed Friday in Florida federal court says that an unnamed juror sent Snipes’ attorney Daniel Meachum an e-mail claiming that three other jurors had presumed Snipe’s guilt.

The motion says that would violate Snipes’ constitutional right to a fair trial.

Snipes was convicted in 2008 of three misdemeanor counts of willful failure to file his income tax returns. The 47-year-old is free on an appeals bond. However, federal prosecutors in Florida have asked a judge to revoke the bond and order Snipes to begin serving a three-year sentence.