A defense attorney on Tuesday urged the full U.S. Court of Appeals for the Tenth Circuit to grant a new trial for a man convicted of drug and gun charges because prosecutors had listened to a recorded jailhouse phone call between him and his attorney that included talk of trial strategy.

“This case involves a familiar episode of egregious prosecutorial misconduct,” Paul, Weiss, Rifkind, Wharton & Garrison partner Kannon Shanmugam told 10 members of the court at oral arguments in Denver.