A man from Sullivan County, New Hampshire is due to be re-sentenced later this month over a lengthy armed standoff with federal agents in 2007 to protest a tax evasion conviction.

According to the Associated Press, Edward Brown, 78, of Plainfield believes he should be re-sentenced to time served. He was originally sentenced to 37 years in prison following the standoff at his home. His wife, Elaine Brown, got 35 years but was re-sentenced in January to time served. She has since been released from prison.

In a memo to a federal judge filed on Friday, Edward Brown has asked for time served based on his wife’s re-sentencing, declining health and risk of COVID-19 complications, among other factors. Prosecutors have argued that he should remain behind bars.