His legal team submitted an emergency application late Thursday afternoon, after McDonnell was rebuffed by the Fourth U.S. Circuit Court of Appeals in Richmond.
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The 58-year-old Democrat is serving a 14-year prison term, including for trying to sell an appointment to President Barack Obama’s old Senate seat. The request was made to Chief Justice John Roberts, who handles emergency appeals from the 4th U.S. Circuit Court of Appeals.
McDonnell is now seeking a review for his case from the Supreme Court, though University of Richmond law professor Carl Tobias said he doubts the court will allow him to remain free. It only agrees to hear around 80 cases out of more than 10,000 requests annually.
McDonnell was convicted of 11 public corruption charges and sentenced in January.
McDonnell released a statement following denial from the appeals court.
The Associated Press reports McDonnell is because of serve two years in jail.
His next step is an attempt before the U.S. Supreme Court. They have remained free while pursuing separate appeals in the 4th U.S. Circuit Court of Appeals.
The full offers court a week ago declined to rethink a three-judge board’s consistent decision maintaining Bob McDonnell’s feelings.
“I think there’s a chance, but it’s probably a longshot”, Tobias said Thursday, according to the AP. The previous representative said he is speaking to the U.S. Incomparable Court.
The process can take a few weeks. The Bureau of Prisons considers judges’ recommendations along with other factors, such as available space. The case derailed the career of the rising Republican star, who had been viewed as a possible running mate to presidential candidate Mitt Romney in 2012. Both appealed their convictions, and have so far remained free on bond.
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Although she was tried with her husband, Maureen McDonnell is pursuing her case separately, and oral arguments before the appeals court are scheduled for October 29. Her counsel filed a brief Wednesday saying the court’s decision in her husband’s case should not mean her appeal will follow suit.
