LINCOLN–(KFOR July 12)–Attorneys for former Nebraska 1st District Republican Congressman Jeff Fortenberry on Tuesday asked a federal appeals court for a new trial.

Fortenberry resigned from Congress last year after his conviction for making false statements regarding a federal investigation into illegal campaign contributions. Fortenberry’s team believes California should have been the last place to try the case. He could have gotten jail time but instead Fortenberry received probation as punishment when a jury found him guilty last year.

The jury believed he made false statements — twice to investigators — when it came to their probe into a Nigerian businessman giving improper donations to lawmakers. Fortenberry’s lawyers believe the trial should have been tried in Nebraska or the District of Columbia. The contact with the businessman was in California.

The Court hasn’t decided if Fortenberry will get a new trial or have the ruling stand.