Michael Ray Aquino admitted in 2006 that he received classified documents from Leandro Aragoncillo, a former military analyst for vice presidents Al Gore and Dick Cheney. Mark Berman argued that Aquino should have been sentenced more leniently under federal guidelines.

"Michael Ray Aquino did not plead guilty to gathering national defense information," Berman told a three-judge panel, arguing that the guidelines call for three to four years for possessing classified information.

If the court agrees, Aquino, who served with the Philippines National Police, could be released immediately to Immigration and Customs Enforcement. He was originally charged for remaining in the United States after his tourist visa expired.

Assistant U.S. Attorney Steven Sanders argued that the six-year sentence was correct since Aquino admitted in his guilty plea that the information passed him could have been used to damage U.S. interests.

Aragoncillo is serving a 10-year sentence.