Retired Lt. Gen. Michael Flynn lost another attempt to have his case dismissed after the case had already been decided by a judge.
It was just months ago that the Justice Department, led by Attorney General Bill Barr, attempted to drop the charges against Flynn for lying under oath to the FBI.
The decision was 8-2 with dissenting justices coming from an appointed judge from President Donald Trump and the other from former President Ronald Reagan.
It means that the decisions will now be sent back to U.S. District Court Judge Emmet Sullivan in Washington.
Flynn has asked the Court of Appeals to demand Sullivan to approve the request by the DOJ to dismiss Flynn's conviction despite his multiple confessions of guilt.