Published: Aug 24, 2010 7:10 PM EDT
Updated: Aug 24, 2010 4:10 PM EDT

OCALA, Fla. (AP) - A federal judge has agreed to keep Wesley Snipes out of prison - for now.

U.S. District Court Judge William Terrell Hodges on Monday approved an emergency motion from Snipes.

The U.S. Marshal's office mistakenly contacted Snipes Thursday with an order to surrender Sept. 2 - in apparent violation of the judge's decision earlier this month.

Hodges said Aug. 5 Snipes would have 20 days to request a new hearing before the 11th Circuit Court of Appeals. The panel last month upheld the action star's tax conviction and 3-year prison sentence.