The federal government is asking that the criminal conviction of former Maricopa County Sheriff Joe Arpaio be thrown out.

Arpaio’s attorneys had previously asked Judge Susan Bolton to vacate the verdict in light of President Trump’s pardon.

The president’s action came after the former sheriff was found guilty of criminal contempt for continuing to enforce federal immigration law against a judge’s order.

On Monday the Department of Justice filed a response agreeing with Apraio’s attorneys that the charges should be dropped. 

Because the pardon was issued before the sentence, the government said Arpaio will face no consequences from the guilty verdict, making it moot.

Several groups have filed amicus briefs in opposition to the judge vacating the order. A hearing before Judge Bolton is scheduled for Oct. 4.