Charges of lying about performance enhancing drug use have been dropped against former major league baseball star slugger Barry Bonds, a federal judge in San Francisco declared Sept. 1.

The ruling, on an Aug. 31 motion by U.S. Attorney for San Francisco Melinda Haag, ends the threat of a new trial on perjury charges against Bond. A federal perjury trial earlier this year ended in a hung jury. The motion was filed as prosecutors were nearing the deadline on a retrial of Bonds on charges he lied when he testified that he never knowingly took steroids or human growth hormone during a probe into the Bay Area Laboratory Co-Operative (BALCO) in 2003. Jurors voted 11-1 to convict Bonds.

This came as his conviction on obstruction of justice was upheld. Prosecutors plan to seek jail time for Bonds, but lawyers of some of the other key figures in the BALCO controversy say he could avoid a prison sentence.

According to the New York Times, Allen Ruby, Bonds’ attorney, is expected to ask the U.S. Court of Appeals for the Ninth Circuit to overturn the obstruction conviction. He did not comment on dismissal of the three perjury charges.

“Given that the core part of the case hung and given the other sentences in the BALCO cases,” William Keane, attorney for former Marion Jones track coach Trevor Graham, told the Associated Press. “Bonds has a reasonably good chance of avoiding prison time.

“But at the end of the day, he’s a convicted felon and was shown to have obstructed a federal grand jury,” Keane continued. “The prosecutors won.”