A federal appeals court in Richmond will allow prosecutors to pursue a capital murder case against a man whose conviction in Prince William County had previously been overturned, the Associated Press reported.

Justin Wolfe had previously been sent to death row for the 2001 murder of his marijuana supplier. But his conviction was vacated in 2011 because he was denied his due-process rights when prosecutors withheld information from his lawyers and because prosecutors had used false testimony from a key witness.

A federal judge in Norfolk had ordered that Wolfe be released and not retried. But the 4th U.S. Circuit Court of Appeals disagreed with that judge in a 2-1 ruling announced Wednesday.