The men said that, by reducing their sentences to life in prison, President Biden’s act of clemency could hurt their appeals.

"The defendant never requested commutation. The defendant never filed for commutation," Agofsky wrote in his filing. "The defendant does not want commutation, and refused to sign the papers offered with the commutation.

Biden commuted the death sentences of 37 federal inmates in a move that was applauded by anti-death penalty advocates. But two of those prisoners, Shannon Agofsky and Len Davis, who are imprisoned at the U.