In court papers filed on Monday, Gupta has said if he were to start his jail term, he would have finished half of it by the time the Supreme Court ruled in his favour, of which he claimed he was certain. Gupta has claimed legal errors were made during his trial.
Gupta is the highest-ranking corporate executive found guilty of insider trading, while serving on the boards of Goldman Sachs and Proctor and Gamble.
A Manhattan jury found him guilty of passing inside information to Raj Rajaratnam, billionaire owner of hedge fund Galleon. Rajaratnam is serving a 11-year sentence separately.
In challenging his conviction, Gupta has questioned the validity of wiretaps used against him by prosecution and the trial judge’s refusal to let him present evidence of his good character before the jury.