A federal appeals court has denied a last-minute bid by Steve Bannon, a longtime Donald Trump adviser and prominent conservative podcaster, to stave off a four-month jail sentence for defying a subpoena from the Jan. 6 select committee three years ago.

A three-judge panel of the D.C. Circuit Court of Appeals ruled 2-1 Thursday night that Bannon’s bid to remain out of prison while he appeals his contempt of Congress conviction to the Supreme Court lacked merit since the justices are unlikely to take his argument seriously.

Judges Patricia Millett, an Obama appointee, and Bradley Garcia, a Biden appointee, ruled that Bannon had “no basis” to believe that the high court would take up his case given longstanding precedents that the justices have relied on in similar cases.