A new corruption trial for former Senate Majority Leader Joe Bruno can proceed after an appeals court ruled the case doesn’t present a double jeopardy and rejected his appeal.

Bruno was sentenced to two years in prison, but the ruling was called into question after the U.S. Supreme Court struck down the statute under which the Rensselaer County Republican was convicted, theft of honest services.

A four-page order issued this morning unanimously rejected Bruno’s argument that the case presented a double jeopardy, essentially backing federal prosecutors’ call for a new trial.

Bruno faces bribery and honest services fraud charges.

A new trial for Bruno was originally scheduled for Feb. 3, but was postponed after his defense team sought to have the case tossed entirely on the basis of the double jeopardy position.

The U.S. Court of Appeals for the 2nd Circuit, however, wasn’t convinced.

“We see no merit to Bruno’s argument because, unlike the cases on which he relies, Bruno was convicted of the offenses that are now the subject to the retrial,” the ruling states. “While Bruno argues that the now-vacated convictions should be considered a non-event and the jury’s determinations on those counts should be ignored, there is no legal or factual support for this proposition.”

Here’s the ruling:

158453841-Second-Circuit-Opinion-—-Bruno by Nick Reisman