A federal judge on Monday rejected Michael Avenatti’s bid to dismiss wire fraud charges under a double jeopardy theory, reiterating his findings that prosecutors committed no misconduct, and for the first time clearly separating them from the evidentiary violation he said warranted the previous mistrial.

Senior U.S. District Judge James Selna also made clear he has no plans to postpone the Nov. 2 retrial, despite Avenatti’s requests for more time to review the new electronic data the U.S. Department of Justice has given him.