The lawyer for a U.S. man jailed for nearly five years in Cuba says he is determined to go home in the next year, be it alive or dead.

Scott Gilbert is the attorney for Alan Gross. He says Gross is suffering a number of ailments. On May 2, Gross will turn 65 years old.

Gilbert says Gross is hopeful his case can be resolved by his 66th birthday, but if not, “he will come home dead.”

State Department spokeswoman Jen Psaki said Wednesday that U.S. officials are “extremely concerned” about Gross’ case.

Gross was arrested in 2009 after he was caught setting up hard-to-detect Internet networks under a U.S. government contract.

Cuba considers such programs to be an affront to its sovereignty and sentenced him to 15 years.

(AP)