WICHITA, Kan. (AP) — A judge rejected a motion filed by Wichita abortion provider George Tiller’s killer, who contended he should not receive a Hard 50 prison term when he is resentenced for the crime.

Scott Roeder’s attorney argued in Sedgwick County court Friday that a change in state law concerning how Hard 50 sentences are imposed should not be retroactively applied to Scott Roeder, who shot Tiller in January 2010.

The Wichita Eagle reports  Roeder’s sentence of life in prison with no chance of parole for 50 years was vacated by a 2013 U.S. Supreme Court ruling that juries, not judges, must impose Hard 50 sentences. Roeder’s original sentence was imposed by a judge and was thrown out last year. No resentencing date has been set.