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A new trial, claiming he had been found guilty of insider trading based on insufficient evidence.
In April jurors convicted Mr. Nacchio, 58, of selling $52 million in shares of Qwest, based on private warnings that the telephone company would miss revenue targets in 2001.

Mr. Nacchio, who was sentenced to six years in prison, claimed prosecutors had failed to prove he had important information, or that he knew Qwest’s stock would collapse.
“There is insufficient evidence that Nacchio knew he had any material information that had to be disclosed prior to trading,” Mr. Nacchio’s lawyers wrote in a motion filed Tuesday. “All of the direct evidence (including his own trading decisions) shows that Nacchio was bullish and believed Qwest stock was undervalued.”

The federal appeals court in Denver, where Qwest is based, has allowed Mr. Nacchio to remain free on $2 million bail and will hear his lawyers’ oral arguments Dec. 18.