A federal appeals court in Washington handed the U.S. Department of Justice a loss Monday in its revived prosecution of former private security guards charged with killing Iraqi civilians in 2007.

The U.S. Court of Appeals for the D.C. Circuit ruled a trial judge was wrong to allow the government to bring a new indictment against one of ex-Blackwater guards, Nicholas Slatten. The appeals court said a previous opinion from 2011 that allowed the government to renew its prosecution of other guards didn’t apply to Slatten.

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