A federal appeals court on Monday denied former National Security Adviser Michael Flynn’s bid to immediately shut down his criminal case—overturning an earlier decision that would have allowed the Department of Justice to drop the charges. The D.C. Circuit Court of Appeals ruled 8-2 against Flynn’s request for it to force a district court judge to grant the DOJ’s motion to drop charges against Flynn, who had pleaded guilty to lying to the FBI about his contacts with the former Russian ambassador during Robert Mueller’s investigation. Monday’s decision now sends Flynn’s case back for consideration by U.S. District Court Judge Emmet Sullivan in Washington.