A request for an appeal by Aaron Sandusky, the president of the now-closed G3 Holistic Inc. who is serving a 10-year federal prison sentence for operating medical marijuana dispensaries in Upland, Colton and Moreno Valley, has been denied.

Sentenced in January 2013 for violating federal marijuana laws, Sandusky is serving his time at Big Spring Federal Correctional Institute in Big Spring, Texas.

“I would have preferred the court reverse the conviction rather than affirm it,” said Sandusky‘s attorney, Roger Jon Diamond. “But I’ve learned not to give up. It’s not the end of the line.”

The appeal was scheduled to be argued orally on March 3 but a few days before it was removed from the oral argument calendar and instead was decided on written briefs, Diamond said.

According to a memorandum put out by the U.S. 9th Circuit Court of Appeals submitted March 3 and filed March 17, Sandusky’s claims of vindictive or selective prosecution failed “because he has not adduced evidence indicating even the appearance of vindictiveness … (and) what is more, Sandusky has not alleged any improper motive attributable to the federal government.”

The memorandum further states that “no authorized government official ever affirmatively told Sandusky that his marijuana operations were permissible. In addition, the fact that Sandusky incorporated G3 Holistic on Oct. 6, 2009, conclusively establishes that he did not rely on any government action that occurred thereafter.”

Darlene Buenrostro, Sandusky’s girlfriend, said Sandusky’s current release date — if he’s able to be released for good behavior — would be May 8, 2021.

“It’s horrible,” Buenrostro said Tuesday. “You’re sitting out here feeling helpless. I’m trying to find a way to help him. He has no options, no voice. I’m trying to be his voice.”

Buenrostro said she and Sandusky are looking into the option of another appeal and possibly a presidential pardon.

Thom Mrozek, spokesman for the U.S. Attorney’s Office in Los Angeles, said in an email, “We have no comment on the matter, except to say that we are pleased with the appellate ruling. Unless Sandusky can convince the entire 9th Circuit to hear this case, the matter is over.”

Diamond said Sandusky’s next move is to ask for a court panel rehearing with three judges in addition to asking for an enbanc review, where 11 judges would hear the case if the petition is successful.

The petition for rehearing has to be filed within 15 days, Diamond said, and a decision would be given within 30 days.

Upland Mayor Ray Musser said he supports imprisonment of Sandusky for 10 years because he did not shut his operation down despite repeated attempts by city officials.

“There is no selling of marijuana in stores, which is the issue here,” Musser said. “I support what’s happening. He was making fun of us while we were trying to close his store down. Now he’s seeing the consequence of someone else’s decision. It’s not our decision.”

Upland Councilman Gino L. Filippi said he supported Upland’s stance on regulating medical marijuana dispensaries through zoning but he was “concerned” because about $500,000 was used for legal fees to deal with medical marijuana dispensaries like G3 when the money could have been used for general services.

“The city manager was telling us the feds would take care of it,” Filippi said. “In my opinion, we wasted $500,000. That’s unacceptable.”

Filippi also said the federal government selectively enforced marijuana laws when it came to Sandusky.

“I’m sure Aaron is thinking about this, but why is (marijuana) acceptable in Colorado and I don’t know how many other states but in California it’s not,” the councilman said. “The federal government has selective enforcement. It’s a perception many people have. I’m sure that’s a tough pill to swallow for Aaron.”