Former union leader Gary Rodrigues and his daughter have lost another legal bid to overturn their fraud convictions.

But they plan to file a challenge that could put the brakes on the possible start date for serving their sentences, according to one of their attorneys.

The U.S. 9th Circuit Court of Appeals this week rejected their request to have a larger panel of 15 judges rehear their appeal of the fraud convictions that had been affirmed in June by a three-judge appeals panel.

The rejection paves the way for their cases to be sent back to U.S. District Judge David Ezra, who would order them to start serving their terms.

Victor Bakke, one of the lawyers for daughter Robin Rodrigues Sabatini, said the two plan to ask for a stay of the rejection while they seek a review by the U.S. Supreme Court of the convictions.

If that request for a stay is denied, the two could be ordered to start serving their terms in a few weeks, Bakke said.

Rodrigues, former head of the United Public Workers, was sentenced to a prison term of five years and four months in 2003. The convictions included mail fraud and embezzling union money. Ezra ruled Rodrigues could remain free pending the appeal.

Sabatini was given a prison term of three years and 10 months in 2003 for convictions that included mail fraud and money laundering. She also was allowed to remain free on appeal.

The three-judge panel that affirmed the convictions left one matter for Ezra when the case is returned to him. Ezra must determine whether he would render the same sentences in view of a change in federal law.

Federal sentencing guidelines were considered mandatory when the two received their prison terms. Because of a U.S. Supreme Court ruling, the guidelines are now advisory.

But because Ezra's sentences fell within the guidelines, it doesn't appear that he will change the sentences.

Assistant U.S. Attorney Florence Nakakuni said she will ask Ezra to impose the same sentences. She said she was pleased that the court rejected the request for the rehearing.