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.

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.

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.

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