In a 99-page sentencing memorandum submitted in federal court on Thursday, Gupta's lawyer Gary Naftalis requested that the 'court impose a sentence of probation with the condition that Gupta perform a rigorous full-time program of community service.'
According to the Notice of Appeal filed by his lawyer Gary Naftalis in US District Court Southern District of New York, Gupta's "appeal concerns conviction only."
The move came two days after the lawyer said it was 'highly likely' that Gupta would take the witness stand in his trial.
Indian-American Rajat Gupta, former board member of Goldman Sachs and Proctor and Gamble, has rubbished charges of insider trading against him as "baseless" with his lawyer asserting that his conduct and integrity were "beyond reproach".
Gupta's lawyer Gary Naftalis submitted in a Manhattan court on Tuesday his list of 10 witnesses he would 'most want to depose on behalf of Gupta.'
The Gupta case is SEC v. Gupta, US District Court, Southern District of New York, No. 11-07566.
Gupta was convicted of passing confidential information.
Gupta is scheduled to be released from prison in March, 2016.
Gupta began serving a two-year prison term on insider trading charges
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The ruling by the Supreme Court was made in a parallel civil insider trading case brought against Gupta by federal regulator Securities and Exchange Commission.
Rajat Gupta, 70, the first Indian managing director of McKinsey and who of 17 months in US prison for insider trading, gets ready to tell his side of the story. And he is less than complimentary about Preet Bharara, then the famous crusading US attorney for the Southern District of New York. "The jury, the press and the public saw only... a 'cropped picture', he says. For someone whose life story was a model of the Great American Dream - an Indian of modest means who rose to the highest circles of politics and business, mingling with the White House and Davos crowd - his indictment in 2012 marked a stunning fall from grace. Many ascribed it to the hubris of the rich and powerful, says Kanika Datta.
Gupta filed a 70-page petition with the US Court of Appeals for the Second Circuit yesterday seeking 'panel rehearing and rehearing en banc', saying in 'rejecting two of his challenges to the exclusion of critical evidence in his case, the panel misapprehended several points' about the insider trading case against him.
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