Michael Avenatti is appealing a trial judge’s rejection of his double jeopardy motion, setting the stage for a possible trial delay as the U.S. Court of Appeals for the Ninth Circuit considers the issue.

Avenatti said at a status conference Tuesday morning in his wire fraud case in the Central District of California that Florida lawyer Howard Srebnick will represent him “pro bono” in the appeal. Assistant U.S. Attorney Brett Sagel said his “preliminary research” shows U.S. District Judge James Selna still has jurisdiction so “we can proceed as we currently are.”