The D.C. Circuit Court of Appeals affirmed the criminal conviction of Steve Bannon on Friday, upholding the 2022 verdict that found the former Trump strategist guilty of contempt of Congress. After a legal battle spanning several years, the decision could soon see Bannon, now 70, incarcerated. He was convicted in 2022 for refusing to provide testimony and documents to the House committee investigating the January 6 breach on the Capitol.

Despite the ruling, Bannon has seven days to petition for a rehearing before the U.S. Court of Appeals for the D.C. Circuit. For now, the court has not ordered the immediate enforcement of his four-month prison sentence, which included a $6,500 fine.

Circuit Judge Brad Garcia, the court’s newest member, penned the unanimous decision, stating that Bannon “deliberately refused to comply with the Select Committee’s subpoena in that he knew what the subpoena required and intentionally did not respond,” giving “no persuasive argument” for defying it. “Bannon failed to comply with the subpoena, and his failure to comply was willful,” wrote Garcia.

In the 20-page opinion, Garcia further elaborated that Bannon could not claim an “advice of counsel” defense, which he had argued should excuse his actions because he was following his attorney’s guidance. Garcia noted, “Our decision in Licavoli directly rejects Bannon’s challenge,” reiterating that deliberate non-compliance constitutes willfulness under the law.