Mangione’s New York state murder trial has been pushed back until December after his attorneys filed a motion seeking dismissal of the charges, citing last week’s guilty plea in the related federal case.

Jury selection had originally been expected to start on Sept. 8. But Mangione’s federal guilty plea opened the door for his lawyers to argue that proceeding with the state prosecution could raise double jeopardy issues.

Prosecutors have until Oct. 9 to answer the defense motion to dismiss, Judge Gregory Carro said in an order posted Monday afternoon on the court’s website.

Mangione’s defense team will then have until Oct. 30 to submit its reply.

Carro scheduled the next adjourned court date for Dec. 10.

The defense argument is rooted in a key distinction between New York law and the U.S. Constitution. With the federal case now resolved, New York’s double jeopardy protections may offer Mangione a more favorable path as he fights the state murder charges.

Read Judge Carro’s order:

Manhattan prosecutors, however, have said they plan to continue pursuing their case against him.

The 28-year-old University of Pennsylvania graduate admitted Friday to stalking UnitedHealthcare CEO Brian Thompson across state lines, then shooting him in the back outside a Manhattan hotel where he was supposed to meet with investors.

Thompson was a 50-year-old father of two from Minnesota.

Mangione has not yet been sentenced in the federal case. Sentencing guidelines recommend about 30 years max, but Judge Margaret Garnett is not bound by them. He could still face a maximum of life in prison without parole.

If he goes to trial on the state charges, the top count of second-degree murder carries a maximum potential sentence of 25 years to life in prison.