A last minute appeal has put-off the deadline for ex Los Angeles County Sheriff Lee Baca to surrender to begin serving a federal prison sentence.
Late Monday the 9th Circuit Court agreed to hear Baca's appeal of a U.S. District Court judge's denial of bail during the appeal of Baca's corruption conviction.
Baca will be allowed to remain free until the 9th Circuit agrees to hear the appeal or declines to take up the matter, which would lead to a new prison surrender date.
Former undersheriff Paul Tanaka, who began serving a five year prison sentence earlier this year, was unsuccessful in his effort to convince the 9th Circuit he should be allowed to remain free while he appealed his conviction.
Baca had been ordered to surrender to the Bureau of Prisons on Tuesday.
He was sentenced in May after he was convicted of directing a scheme to interfere with a civil rights investigation of inmate abuse.
At the sentencing hearing U.S. District Court Judge Percy Anderson told Baca he'd embarassed the Sheriff's Department and had abused the public's trust.
Last week Judge Anderson denied Baca's request to remain free on bail while he appeals the convictions on conspiracy to obstruct justice, obstruction of justice, and false statement charges.
Baca's defense attorney requested the ex-Sheriff be allowed to serve the sentence at a prison camp - either in Northern California or Oregon.
Inmate records Monday showed Baca had a registration number but had not yet been assigned to a prison.