A federal judge in Kansas City, Mo., on Friday granted a request by prosecutors to dismiss a potential death penalty case against convicted serial killer John E. Robinson Sr.

U.S. District Judge Gary Fenner dismissed the case without prejudice, meaning it could be refiled if Robinson’s convictions and death sentence in Kansas are overturned.

Robinson, 62, was charged in U.S. District Court with kidnapping resulting in death, which can be punishable by death.

The federal government filed its case after the Kansas Supreme Court ruled the state’s death penalty unconstitutional. Earlier this year, the U.S. Supreme Court reinstated the death sentences against Robinson and other death row inmates.