LEAVENWORTH, Kan. (AP) — A hearing has been delayed for a 73-year-old man who’s challenging his sentence in a 1990 murder in Leavenworth County.

Sherrill Brinkley was scheduled to have a status hearing Thursday in Leavenworth County, but the hearing was continued until December.

Brinkley is arguing that his life sentence for first-degree murder was illegal and he should be released.

Bishop was convicted in 1993 of killing Everett Bishop in rural Linwood. The Kansas Supreme Court upheld the conviction in 1994, but found that a district judge erred in the sentencing.

Brinkley was not resentenced at the time because he was serving a federal prison sentence for unrelated charges.

He was resentenced for the murder charge last year, but has filed a petition arguing the sentence is illegal.