WICHITA, Kan. (AP) Federal prosecutors have appealed a judge's decision throwing out one of the charges against a Kansas man accused of plotting to attack Somali immigrants in the meatpacking town of Garden City.
The government on Tuesday filed a notice of appeal regarding a ruling that dismissed a firearms charge against Curtis Allen and evidence upon which that charge is based.
Prosecutors contend in their filing that the evidence is substantial proof of a fact material to the proceeding.
Allen and co-defendants Patrick Stein and Gavin Wright still face charges of conspiring to detonate truck bombs at an apartment complex where Somali immigrants live.
All three have pleaded not guilty.
The U.S. attorney's office said Wednesday that prosecutors do not expect the appeal to delay the Feb. 20 trial.
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