(Danville, Va.) — Attorneys for a Canadian man convicted of defrauding the U.S. military after being contracted to supply armored vehicles for use in Iraq are asking a federal judge for leniency.

Defense attorneys say 72-year-old William Whyte, who faces sentencing Tuesday in federal court in Danville, never intended to defraud the government. They also cite his age and health in seeking a downward variance from sentencing guidelines.

Prosecutors are asking for an upper-range sentence of up to nine years, saying Whyte engaged in deliberate fraud and endangered the lives of American soldiers and allies in a war zone.

Whyte was convicted last year on several fraud counts.

Authorities say his now-defunct company, Armet Armed Vehicles, contracted to supply 30 vehicles but delivered only six, all behind schedule and without the specified armor.