A Circuit Court of appeals shot down challenges from a Kentucky death row inmate who faces lethal injection in less than two weeks.

Friday US 6th Circuit Court of appeals in Cincinnati ruled that 53-year-old Gregory Wilson's challenge came too late when he filed suit in December 2008.

Wilson said the use of sedatives given to an inmate before an execution interfered with the deadly three-drug cocktail.

A jury sentenced Wilson to death in 1988 for the kidnapping, rape, and murder of Deborah Pooley.

A co-defendant in the case, Brenda Humphrey is serving a life sentence.

Wilson's execution is scheduled for a September 16