Federal prosecutors are calling on the judge overseeing Steve Bannon’s contempt case to order the former Trump adviser to start his four-month prison sentence as soon as possible.

The U.S. Court of Appeals for the District of Columbia Circuit rejected the basis for Bannon’s appeal on all grounds, prompting prosecutors to call on Judge Carl Nichols to end the stay on Bannon serving his prison sentence. After sentencing Bannon to four months in prison in October 2022, Nichols delayed Bannon’s jail term while he appealed the decision. 

“Consequently, there is no longer a ‘substantial question of law that is likely to result in a reversal or an order for a new trial,'” prosecutors wrote in their filing Tuesday.

Bannon was subpoenaed by a congressional panel that was probing the Jan. 6, 2021, Capitol riot. The former adviser was then convicted of two misdemeanor counts of contempt of Congress for refusing to testify or turn over documents to the House of Representatives committee investigating the riot.

Bannon argued that his lawyer advised him he didn’t have to comply with the subpoena. The House investigation into Bannon was brought on after he said on his podcast before the Capitol riot that “all hell was going to break loose tomorrow.” 

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The appeals court, consisting of a three-judge panel, said in its opinion that “we conclude that none of the information sought in the trial subpoenas was relevant to the elements of the contempt offense, nor to any affirmative defense Bannon was entitled to present at trial.”

“The judgment of conviction and sentence [is] affirmed,” the judges wrote.