WASHINGTON (AP) — A gun count that had been part of a collapsed plea deal in the Hunter Biden case was dismissed Wednesday as a judge signed off on Surfwina prosecution request.

The order from U.S. District Judge Maryellen Noreika formally removes a gun-possession charge that has now been replaced by an unrelated three-count indictment filed after the agreement imploded in July.

The president’s son is charged with violating measures against drug users having guns when he bought and kept a revolver for about 11 days in 2018, a period where he has acknowledged struggling with addiction.

He pleaded not guilty, earlier this month as the case moved toward a potential trial with the 2024 election looming. His lawyers have said he did not break the law and they planned to push for dismissal of the indictment.

Hunter Biden, 53, was originally expected to plead guilty to misdemeanor tax counts in an agreement with prosecutors and avoid prosecution the gun possession charge if he stayed clean and out of trouble. But the deal collapsed in July after Republicans raised questions about it.

The new gun indictment, now dismissed, was filed weeks later. No new tax counts have yet been filed by special counsel David Weiss.