Attorneys for former Qwest CEO Joe Nacchio are still fighting to keep their client out of prison pending the appeal of his insider-trading conviction.

As expected, Nacchio’s attorneys gave notice today they are appealing to the Tenth Circuit Court of Appeals a judge’s decision to deny Nacchio bail.

Nacchio’s attorneys argued last week that there are four "substantial issues" for appeal of the insider-trading conviction including jury instructions, the exclusion of expert testimony and the judge’s decision to limit Nacchio’s classified-information defense.

But U.S. District Judge Edward Nottingham ruled last Friday that none of the issues were substantial or close enough to warrant Nacchio being allowed to go free during his appeal.

The government also filed a motion last week opposing Nacchio being free during appeal. Jeff Dorschner, spokesman for the U.S. Attorney’s Office in Colorado, on today referred to that motion.

Nacchio was sentenced to six years in federal prison, and ordered to report within 15 days of the designation of a prison. Nacchio requested the Schuylkill minimum-security prison camp in Pennsylvlania, but the Federal Bureau of Prisons will make the final determination.

Since Nacchio could be ordered to report to prison within a few weeks, the Appellate Court will be asked by his legal team to take up the matter on an expedited basis.