An attempt to overturn the conviction of ex-Bumble Bee CEO Christoper Lischewski has failed.

The US Court of Appeals for the Ninth Circuit in San Francisco ruled Wednesday that Lischewski failed to show how a criminal court "committed any errors" in his price-fixing case.

Last year, a US district court in northern California sentenced ex-Bumble Bee CEO Christoper Lischewski to 40 months in prison.

Chief Ninth Circuit Judge Sidney Runyan Thomas along with US Circuit Judges Daniel Bress and Patrick Bumatay issued a judgement Wednesday that ruled in favor of the court's decision in regards to its jury instructions during the five-week trial, as well as the court's decision to admit two emails as evidence.