Federal prosecutors notified a New York court Friday that it will not appeal the judge's dismissal of the death penalty for Luigi Mangione, who has been accused of killing UnitedHealthcare CEO Brian Thompson in December 2024.

U.S. District Judge Margaret Garnett for the Southern District of New York, a Biden appointee, dismissed the murder charge last month that brings the death penalty because it requires that the killing was committed during another “crime of violence.” 

Federal prosecutors alleged the other crimes of violence were two stalking charges, arguing Mangione stalked Thompson online and traveled across state lines to kill him, but Garnett ruled the stalking charges are not “crimes of violence." 

The government told Garnett in Friday's filing that it will not pursue an "interlocutory review" of the order, according to NBC News. The decision comes on the last day the prosecutors could appeal the order.

Mangione will still face two counts of stalking, both of which have a maximum sentence of life in prison without parole, and will face trial in the federal case this fall.

He also faces nine counts in a separate case brought by New York state prosecutors, which include second-degree murder and various weapons charges. Trial for the state case will begin in June. 

Mangione has pleaded not guilty to all charges.