LEXINGTON, Ky. (AP) — A federal appeals court is set to consider issues related to the guilty plea and sentencing of a federal inmate with Mafia ties who escaped from custody while in Kentucky.

The U.S. 6th Circuit Court of Appeals announced Monday it will consider briefs from prosecutors and 40-year-old Derek Albert Capozzi starting Aug. 1. The case will be submitted in legal briefs. Capozzi was sentenced to 51 months in prison escaping while being transferred to a federal prison in Pennsylvania. Capozzi later pleaded guilty.

The sentence runs consecutively with the 23-year sentence he is serving for his role in the 1996 killing and dismemberment of a potential government witness.

Capozzi had been in Kentucky to testify at a trial. He is currently in a federal prison in Florence, Colo.