Former Deputy Police Chief Keith Foster is not getting an acquittal, or a new trial

FRESNO, Calif. (KFSN) -- The man who was second in command of Fresno's Police Department is not getting an acquittal or a new trial on drug trafficking charges.

Former Deputy Police Chief Keith Foster was back in federal court on Monday, hoping to get another chance to clear his name.

Surrounded by an entourage of friends and family, Keith Foster left the federal courthouse without much hope of avoiding prison. His attorney Michael McKneely tried to argue that Foster's conviction last May, on conspiracy to traffic in heroin and marijuana was flawed and should be thrown out, or re-tried.

"Not at all, not a thing, and you know we are in a tough decision we are asking the court to revisit decisions made by a jury after a verdict," said McKneely.

McKneely says he will appeal because he still believes there was not enough evidence to bring the case to trial in the first place. In arguments before Judge Anthony Ishii, he blamed federal agents, Foster's original attorney, and the Fresno Bee for Foster's conviction. He also argued Foster was unfairly treated because he was Fresno's Deputy Police Chief when he committed the crimes.

"I think the court and the prosecutor relied on the fact he was a police officer to try and imply he would know more he was held to a different standard," said McKneely.

Keith Foster's attorney threw up all kind of reasons as to why the case should be thrown out or retried but Judge Ishii was not buying any of it, sentencing is now set for November 13th. Foster's recommended sentence is between six and a half an eight years in federal prison.