LEAVENWORTH, Kan. (AP) — Federal prosecutors are considering whether to seek the death sentence for a 31-year-old man accused of killing a 5-year-old Kansas girl.

Prosecutors allege Marcas McGowan kidnapped Cadence Harris from an Atchison home they shared with the girl’s mother in July 2014. A police chase ended near Leavenworth when McGowan exchanged gunfire with officers. Cadence was found dead in the car.

McGowan initially faced state murder charges. In February, prosecutors dismissed the state charge after a federal grand jury indicted McGowan on charges including kidnapping and using a firearm during a violent crime.

A motion filed by McGowan’s attorneys says federal prosecutors in Kansas have submitted the case to the Justice Department’s death penalty review board in Washington.

They expect a decision within 90 days.