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With Alzheimer’s slowly taking his mind, former Los Angeles County Sheriff Lee Baca should spend “his best remaining days” in prison and not be allowed to remain free while he appeals his conviction, a federal judge has ruled.

In issuing an order for Baca to surrender to prison officials by Monday to begin serving a three-year sentence, U.S. District Judge Percy Anderson rejected for a second time arguments by Baca’s attorney for why he should be granted bail until an appeals court can decide if he received a fair trial.

But despite Thursday’s ruling, Baca is not facing imminent incarceration.

Nathan Hochman, Baca’s lawyer, said he will ask the 9th Circuit Court of Appeals to overrule Anderson on the bail issue. Under court rules, Baca is permitted to stay out of prison while the appeals court considers the request. It is expected to be several weeks or perhaps a few months before a decision is made.

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