A federal judge has vacated Michael Avenatti’s Nov. 2 retrial in his client embezzlement wire fraud case, saying Avenatti’s pending appeal divests him of jurisdiction and is not frivolous.

“I found a Brady violation with respect to a very important range of documents related to the financial affairs of Mr. Avenatti’s firm. I think that conclusion alone would indicate that the appeal is not frivolous,” Senior U.S. District Judge James Selna said in court Friday, referring to Brady v. Maryland case law on favorable defense evidence.