The judge in former Rep. Corrine Brown’s fraud case ruled the disgraced Florida Democrat has to serve jail time while she appeals her conviction.

U.S. District Judge Timothy Corrigan said Wednesday that Brown’s request to remain out of prison failed to meet the necessary criteria, the Florida Times-Union reported.

“While it is customary for a first time, non-violent white collar offender such as Corrine Brown to be allowed to voluntarily surrender to the Bureau of Prisons following sentencing, it is not customary for such an offender to remain free pending appeal,” Corrigan wrote.

Brown was sentenced to five years in prison earlier this month after being found guilty in May of taking hundreds of thousands of dollars from her bogus charity. 

Corrigan said that Brown was unlikely to raise a substantial question of law or fact during her appeal, one of the criteria for being free on bond during an appeal.

Brown’s appeal also said she would request a new trial after a juror was dismissed during her initial trial when the juror said the “Holy Spirit” told him that Brown was innocent.

Brown’s lawyers argued that since there was no controlling precedent to guide the 11th U.S. Circuit’s Court of Appeals, there would be a greater likelihood the court would accept her request for a new trial.