(Bloomberg) -- More than a decade after his arrest for taking Goldman Sachs Group Inc.’s computer code on his way to another job, Sergey Aleynikov is still fighting to have his conviction overturned.

Aleynikov’s lawyer Kevin Marino told a five-judge panel in Manhattan on Tuesday that prosecutors shouldn’t have been allowed to try his client a second time, after his first conviction was thrown out. That amounts to double jeopardy, Marino argued.

“This is nothing other than a complete second bite at the apple,” Marino said. “That’s all it is.”

Assistant District Attorney Elizabeth Roper told the appeals court judges that Aleynikov wasn’t found guilty of violating federal laws against transporting stolen property across state lines because he didn’t take any physical property from Goldman Sachs, but broke New York state law by uploading data to a server in Germany and then downloading it to his personal computer and transferring it to a thumb drive.

“The result might have been different if he had saved the source code to a thumb drive or a compact disc and transported it across state lines,” Roper said.

Aleynikov served a year of an eight-year prison sentence before a federal appeals court threw out his first conviction.

The judges didn’t immediately issue a decision.

To contact the reporter on this story: Chris Dolmetsch in Federal Court in Manhattan at cdolmetsch@bloomberg.net

To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net, Joe Schneider, Steve Stroth

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