A federal judge has thrown out one of the charges against a Kansas man accused of plotting to attack Somali immigrants in the meatpacking town of Garden City.
U.S. District Judge Eric Melgren granted a defense motion to dismiss a firearms charge against Curtis Allen. The decision comes in the wake of a 10th U.S. Circuit Court of Appeal panel's ruling in May in an unrelated case that found 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 conspiring to detonate truck bombs at an apartment complex where Somali immigrants live.
All three men have pleaded not guilty.
Their trial is set for Feb. 20.