The disgraced Florida Democrat was sentenced to five years in prison earlier this month and was given until Jan. 8 to surrender to the Federal Bureau of Prisons.
Brown was found guilty earlier this year for taking hundreds of thousands of dollars from a bogus charity as well as concealing income on financial filings and filing false tax returns.
But Brown plans to appeal to the 11th Circuit U.S. Court of appeals and is seeking to remain out of prison on bond, WOKV reported.
Brown’s motion says that she did not have any violations of her pretrial services supervision and poses no danger to the community, nor does she plan to leave the community.
The appeal mainly focuses on a juror being dismissed, supposedly for saying that the Holy Spirit told him Brown was not guilty.
That juror was removed because he made his remarks on the outset of deliberations and therefore did not follow court instructions to make a decision before hearing all evidence.
The juror was then replaced by an alternate juror. The jury unanimously found Brown guilty of 18 charges.
Brown’s defense said that this could be decided in her favor and the court should decide if it warrants a new trial.
But a judge already denied Brown’s request for a new trial and factored in the dismissal of the juror.
The motion says that Brown’s defense contacted prosecutors about their move, but they object to Brown being allowed out on bond while the appeal is pending.