Ho hum, the usual losing lawyer effort to grasp at straws in hoping the appeals process will provide the second byte at the apple.
Doesn’t it matter in what manner the prosecution won? Would you cheer your team so much if they could manage to get drunk, blind umpires?
This very kind of scenario is how bright lines (or not so bright ones) get drawn by the USSC. The appeal here will most definitely be about a point of law.