A federal appeals court on Friday denied a bid by one-time Trump adviser Steve Bannon to topple his contempt of Congress conviction, upholding his sentence for failing to comply with a subpoena from the now-disbanded Jan. 6 committee.

“It is undisputed that the first time Bannon raised these arguments was in district court, long after his deadline for responding to the subpoena had passed,” Judge Brad Garcia wrote for a three-judge panel of the District of Columbia Circuit Court of Appeals.

“A witness cannot defend against a contempt of Congress charge based on an affirmative defense that they were able, but failed, to raise at the time they were ordered to produce documents or appear.”

Bannon was found guilty in 2022 of both failing to appear for a deposition ordered by the committee, as well as refusing to turn over documents they subpoenaed.

He was sentenced to four months’ jail time and ordered to pay a $6,500 fine.

The decision is the latest in a string of losing battles for Bannon and former Trump advisor Peter Navarro, who likewise failed to comply with a subpoena from the Jan. 6 panel.