A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit has upheld the decision of the federal judge in Phoenix who oversaw the criminal case against Joe Arpaio, the former Arizona sheriff whom the president pardoned in 2017.

U.S. District Judge Susan Bolton of the District of Arizona in Phoenix, who oversaw the criminal contempt of court case against Arpaio, granted his lawyers’ motion to dismiss but declined to vacate the court record in the case, finding the presidential pardon did “not erase a judgment of conviction, or its underlying legal and factual findings.”