Former U.S. Sen. Robert Menendez on Tuesday asked a judge that he be allowed to remain out on bail pending appeal of his case, currently scheduled for sentencing on Wednesday.

“Having gone from operative indictment to sentencing in just ten months, a septuagenarian who devoted half a century to public service should not be rushed to prison before the Court of Appeals has an opportunity to consider the significant legal issues presented,” writes defense counsel.

The 71-year-old’s appeal, his lawyers write, will present substantial questions of law or fact. Menendez, who served as a Democrat from New Jersey, also poses no flight risk, the filing states.

Menendez and his co-defendants Wael Hana and Fred Daibes are scheduled to appear on Wednesday before U.S. District Court Judge Sidney Stein of the Southern District of New York for sentencing.

The trio were found guilty of all charges by a jury in July. Menendez denies any wrongdoing, while prosecutors claim he accepted bribes, including gold bars, from New Jersey businessmen.

Prosecutors have asked Stein to sentence the Democrat to 15 years in prison, while the defense says a sentence of less than two years is appropriate.

Menendez has maintained his plans to appeal.

“At virtually every turn, the government tested the border of notoriously murky legal lines,” the Tuesday defense filing states. “On nearly every point, courts or scholars have agreed with the Senator’s legal positions. That suffices to establish that the questions are substantial.”

The issues include the difference between ‘legislative acts’ and political acts under the Speech or Debate Clause as well as colloquial ‘pressure’ versus official actions, as defined under McDonnell v US.

Another deficiency is the decision to charge the case in the Southern District of New York, the defense says, saying that venue rested on “a few fleeting contacts” with the district and each are debatable in the U.S. Court of Appeals for the Second Circuit.

Should the appeals court side with the defense, a new trial is likely, which supports the idea Menendez should remain out on bail, his lawyers say.

Menendez is represented by Adam Fee and Avi Weitzman of Paul Hastings.