A U.S. district court judge will set the retrial of former Illinois Gov. Rod Blagojevich (D) for early January, the Associated Press reported Thursday.

Judge James Zagel did not set a date, but he said Thursday that the trial will not be earlier than Jan. 4.

Also Thursday, prosecutors announced that Blagojevich’s brother, Robert, will not be tried again, the AP reported. The brothers had been accused of scheming to sell or trade an appointment to the Senate seat formerly held by President Barack Obama.

Their trial ended last week, with the jury deadlocked on four counts against Robert Blagojevich and 23 of 24 counts against Rod Blagojevich. The former governor was convicted of lying to the FBI.