WICHITA, Kan. (AP) — The government has decided not to pursue one of the charges against a man accused of plotting to bomb an apartment complex housing Somali immigrants in western Kansas.

The 10th Circuit Court of Appeals on Tuesday granted a government request to end its appeal of a lower court’s order dismissing a firearms charge against Curtis Allen. A judge last year had threw out that count after an appeals court ruling in an unrelated case that a person convicted of misdemeanor domestic battery under a city ordinance can legally carry a gun.

Allen and co-defendants Patrick Stein and Gavin Wright still face charges of conspiracy to use a weapon of mass destruction and conspiracy against civil rights. Wright also is accused of lying to the FBI.

Their trial begins March 19.