federal court. the felony gun conviction was the only conviction to come out of his trial in november. the jury decided kate steinle's death is the result of a ricochet bullet was an accident. defense filed a motion to get that one conviction dismissed arguing zarate didn't know he had a gun in his hand until it discharged and he tossed it into the bay. the public defender said the judges should have instructed the jurors that it doesn't meet the requirement for conviction. the judge will deny that motion to dismiss today and the defense has promised to appeal. meantime zarate will be soon turned over to u.s. marshals to face new immigration charges. his defense team claim it's no more than a reaction by government officials upset over his acquittal of murder and assault. he will be resulted by civil rights attorney tony sarah, who made a career out of fighting the federal government. according to a statement from
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