The Justice Department is considering bringing federal charges against Jose Ines Garcia Zarate after his not guilty verdict in the Kate Steinle murder trial, department officials told Fox News on Friday.

A California jury acquitted Zarate of the more serious charges in the case, including murder, involuntary manslaughter and assault with a deadly weapon — only convicting him of being a felon in possession of a firearm.

U.S. immigration officials had said they would deport Garcia Zarate – also known as Juan Francisco Lopez Sanchez — who already had been deported five times and was wanted for a sixth deportation when Steinle was fatally shot in the back while walking with her father.

The undocumented felon could spend three years in prison for the firearm charge but has already been behind bars for over two years as the case has made its way through court.