Kansas City, Mo. ? A federal judge has denied a request from former Westar Energy Inc. CEO David Wittig to delay his return to prison for bank fraud while he asks the U.S. Supreme Court to intervene.

U.S. District Judge Julie Robinson on Tuesday shot down Wittig’s motion, noting that the 10th U.S. Circuit Court of Appeals has said a delay is unwarranted.

An attorney for Wittig didn’t return a call for comment Wednesday.