The federal appeals court that upheld seven of former Congressman Bob Brady’s political adviser Ken Smukler’s nine convictions related to election law violations has granted a new trial on the two convictions it tossed.

In an order, the U.S. Court of Appeals for the Third Circuit vacated its Jan. 26 decision rejecting Smukler’s argument that the trial judge gave improper jury instructions regarding the definition of “willfully” in the laws under which he was convicted.