A Russian court has upheld the nine-year sentence of U.S. WNBA basketball star Brittney Griner for possessing and smuggling vape cartridges containing cannabis oil.

The court dismissed her appeal on Tuesday paving the way for her to be sent to a penal colony, in a court case that Washington has called a sham.

U.S. President Joe Biden, whose administration in late July had proposed a deal for a prisoner swap with Russia to secure the release of Griner and former U.S

marine Paul Whelan, said he will not let up efforts to bring them home.

Griner and her lawyers had asked for acquittal or at least a reduction in her sentence, which they said was disproportionate to the offense and at odds with Russian judicial practice.

After retiring for no more than 30 minutes to consider the appeal, the presiding judge said the original verdict was upheld without changes except for the counting of time served in pre-trial detention as part of the sentence.

Griner apologized for what she said was an honest mistake, as she had at her original trial, asking the court to take into account the fact that she had pleaded guilty.

She also said she used medical cannabis to relieve the pain from a series of sports injuries.