The trial judge had denied the request.
The 66-year-old Fumo was a wealthy Democratic power broker during his 30-year senate career.
He is due to serve about 4-1/2 years in prison for defrauding the senate and two nonprofits of several million dollars.
Federal prosecutors say they will oppose the appeal filed late Wednesday with the 3rd U.S. Circuit Court.
Get Action News on your website