“I’m disappointed that they’re trying to take another shot at it,” Lochte’s attorney Jeff Ostrow told USA Today. “I think they should just let it die because they lost and because he didn’t do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we’ll continue to fight it because we believe we’re right.”

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Ostrow said he will now attempt to halt further proceedings by filing his own legal motion.

If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte’s alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city’s crime rate, however, Lochte’s allegations sparked an investigation. Eventually security camera footage revealed Lochte’s story was untrue.

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Lochte left Brazil before his story fell apart, however the three teammates who were with him at the gas station — Gunnar Bentz, Jack Conger and James Feigen — were detained by authorities before being allowed to fly home. Lochte later admitted he “over-exaggerated” the story and apologized for his “immature behavior.”

The case made international headlines before a Brazilian appeals court decided to dismiss it based on the fact that Lochte did not approach the police to initiate an investigation.

Ostrow told USA Today on Friday he believes that bit of information will allow him to stay the case.

“Because of the order in which it took place and because [authorities] went to him and Ryan didn’t run to them or run into the police station, they can’t charge him with what they would like to, and he didn’t commit any crime,” Ostrow said. “We’re not surprised (by this development) but incredibly disappointed that they’re continuing with this charade and they just can’t seem to move on beyond this.”