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Former President Donald Trump will continue to fight to move his New York hush money case into federal court – and delay his sentencing on that conviction – by now appealing to the Second Circuit Court of Appeals, according to a notice of appeal filed Tuesday night.

A federal judge in Manhattan denied his initial request to move the case to the Southern District of New York on Tuesday. Trump’s attorneys filed a notice of appeal of that decision soon after.

Trump’s legal team filed the petition last week to move the state case to federal court in the wake of the Supreme Court’s presidential immunity decision. They also asked the federal judge to postpone Trump’s sentencing, currently set for September 18.

Judge Juan Merchan still has not ruled on Trump’s separate request to delay the sentencing until after the election.

The judge could issue a decision as soon as this week.

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