Supreme Court Chief Justice John Roberts denied a bid by former Trump administration trade advisor Peter Navarro to stay out of prison while he appeals his conviction for defying a congressional subpoena.

Chief Justice John Roberts said Monday he saw no reason to disagree with an appeals court decision denying Navarro’s request to remain free, adding that that decision is distinct from a ruling on the appeal itself, according to a one-page order.

The Bureau of Prisons had scheduled Navarro to report for detention by 2 p.m. Tuesday in Miami unless the high court intervened.

Navarro was convicted in September of refusing to testify or provide documents to the now-defunct House Jan. 6 committee that investigated the riot at the U.S. Capitol.

The former trade adviser has said he could not cooperate with the subpoena because former President Donald Trump had asserted executive privilege to keep their communications confidential. U.S. District Judge Amit Mehta found there was no evidence to show Trump did that.

Navarro was dealt another blow last week after the U.S. Circuit Court of Appeals for the District of Columbia held that he was unlikely to win his appeal and refused to postpone his sentence.

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Mehta’s holding against Navarro stands in contrast to the conviction of Steve Bannon, a former White House chief strategist under Donald Trump who was also sentenced to four months in prison for failing to comply with a committee subpoena and has been allowed to remain free pending appeal of his conviction.

Bannon was sentenced to four months in prison, but U.S. District Judge Carl Nichols, a Trump appointee, allowed Bannon to remain free while he appeals his conviction.