WASHINGTON – It’s a big decision regarding former Virginia Governor Bob McDonnell: whether or not he’s going straight to prison. And it could come down from the Supreme Court at any time.

Former Governor Bob McDonnell is appealing his conviction — but wants to stay out of prison through the process. After receiving McDonnell’s emergency application, Justice John Roberts asked federal prosecutors to weigh in.

The Solicitor General’s report, released Wednesday, does not side with McDonnell. The report says there is no split in circuit court decisions, and he was correctly convicted. The report also says it’s unlikely the Supreme Court would reverse the lower court’s decision.

It also addresses McDonnell’s team’s argument that gifts he received were routine political courtesies. The report says that argument “rests on overbroad understanding of the ruling.”

McDonnell recently lost his latest appeal to have his federal corruption convictions overturned.

Justice Roberts could rule or put it to the court to decide McDonnell’s immediate fate while his appeal moves forward.