WICHITA, Kan. (AP) — A federal appeals court has upheld the five-year sentence of a Nigerian man for threatening a federal agent’s family.

The 10th Circuit Court of Appeals rejected on Thursday the challenge filed by Osayuwame  Bazuaye arguing his sentence was overly harsh. He also lost his argument that U.S. District Judge Eric Melgren made a mistake by imposing a stiffer sentence in 2013 because he lied when testifying.

The appeals court ruled the stiffer sentence was within the judge’s discretion.

A jury convicted Bazuaye of threatening to sexually assault the wife and daughter of a deportation officer with the U.S. Department of Homeland Security.

At the time he was in custody on a firearms charge after firing a handgun from the balcony of his Wichita apartment.