Former Volkswagen AG engineer James Liang plans to appeal a 40-month prison sentence for his role in Volkswagen’s multiyear scheme to sell diesel cars that generated more pollution than U.S. clean air rules allowed, according to a court filing on Thursday.

A federal judge sentenced Liang in August.

U.S. District Court Judge Sean Cox also ordered the former engineer to pay a $200,000 fine.

In a filing with the U.S. District Court in Michigan, his lawyer Thursday said Liang’s sentence would be appealed to the U.S. 6th Circuit Court of Appeals.