FARGO, N.D. (AP) - Federal prosecutors are appealing a judge's decision to throw out the conviction of a West Fargo man who was found guilty in 2007 of threatening former President George W. Bush.

U.S. District Judge Ralph Erickson in July overturned the sentence and ordered a new trial for Daniel Cvijanovich, who was released from prison in 2009 after serving 19 months.

The case was based on the testimony of a man who shared a cell with Cvijanovich while he was serving time for throwing rocks at a federal building, allegedly to protest the imprisonment of American Indian activist Leonard Peltier.

Erickson said Cvijanovich should have had access to a letter by the witness, who indicated he was willing to lie to avoid prison time in his own criminal case.

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