Former National Security Adviser to President Trump, Michael Flynn, has lost his appeal to have his case dismissed in an expedited fashion.

The appeals court will allow the Judge in his case to scrutinize the DOJ’s decision to dismiss the charges against Flynn.

According to CNBC:

A federal appeals court on Monday rejected a bid by former national security advisor Michael Flynn to force the prompt dismissal of the criminal case in which he had been convicted of lying to FBI agents.

The decision sends the case back for consideration by U.S. District Court Judge Emmet Sullivan in Washington.

Flynn had asked the U.S. Court of Appeals for the District of Columbia Circuit to compel Sullivan to sign off on a request by the Justice Department that he dimiss Flynn’s conviction after the judge did not promptly grant that request.

Neither a lawyer for Flynn nor the Justice Department immediately responded to CNBC’s requests for comment on Monday’s ruling by the appeals court.

The ruling will allow the case to linger despite the Department of Justice’s decision to request the case against him to be dismissed.