Attorney Ira Sorkin says such a sentence will not disproportionately punish his client compared to other white collar criminals.
Federal Judge Denny Chin is scheduled to sentence Madoff next Monday.
The 71-year-old Madoff pleaded guilty March 12. He admitted operating a massive Ponzi scheme. He faces up to 150 years in prison.
Dozens of Madoff's victims have already urged the judge to make sure Madoff spends the rest of his life in prison.
Madoff has been jailed since pleading guilty to 11 felony counts including securities fraud and perjury.