By Kristen Johanson

PHILADELPHIA (CBS) — Chaka Fattah has filed an appeal after his bribery and conspiracy conviction in June.

He was sentenced to 10 years in prison this past December.

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Complete Coverage: Chaka Fattah

Fattah’s attorneys cite a dismissed juror and a recent supreme court decision for the reasons Fattah should get a new trial.

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The juror was dismissed in June, during deliberations.

The defense argues that the recent supreme court decision, McDonnell v. the United States, clarifies a bribery provision in the Constitution and should be considered.

Fattah’s team is asking he stay out of jail until after the appeal process. He is set to surrender January 25.

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His co-defendant in the case, Herb Vederman has also filed an appeal.