Attorneys for Tony Rezko are asking for a new trial. They told a federal judge Friday the former political fundraiser was convicted on some charges that have been found to be unconstitutional. Rezko’s attorneys say he should get a new trial because the law has changed since his 2008 convictions. They’re not asking for a new trial on all his convictions, just some of the charges on which he was found guilty.

Rezko was a fundraiser for former Illinois Governor Rod Blagojevich and was found guilty of taking part in pay-to-play schemes. But Rezko’s attorneys say some of those charges were invalidated when the U.S. Supreme Court scaled back the so-called “honest services” statute.

Prosecutors say no matter how the honest services statute is interpreted, the charges against Rezko should stick.

Judge Amy St. Eve did not give a decision on a new trial, though she did set a sentencing date for Rezko scheduled for late October.