Jose Ines Garcia Zarate, who was acquitted of all homicide charges in the shooting death of Kate Steinle in the sanctuary city of San Francisco, was given credit for three years ‘time served’ and probation as a convicted felon in possession of a firearm on Friday.

However, U.S. Marshals will take Zarate into custody imminently in order to face new charges in federal court. As reported by Fox News:

Garcia Zarate is expected to be turned over to U.S. Marshals to face new charges in federal court, under an indictment handed down on Dec. 5. A federal grand jury has charged Garcia Zarate with being a felon in possession of a firearm and ammunition and being an “illegally present alien” in possession of a firearm and ammunition.

California can no longer shield Zarate and prevent him from being turned over to federal authorities and will face two new charges.

If convicted, Zarate will face up to ten years in prison; if he is acquitted for the sixth time, he would be deported.

Attorney David Wohl, appearing on Fox News, argued that Zarate re-entering the United States as a convicted felon is a prosecutable offense that can warrant a ten year sentence alone. Zarate’s defense is arguing that his further prosecution is malicious and has made several remarks disparaging Donald Trump.

“For those who might be critical of this verdict, there are a number of people that have commented on this case in the last couple of years — the attorney general of the United States, the president and vice president of the United States — let me just remind them that they are themselves are under investigation by a special prosecutor in Washington, D.C.,” Gonzalez said after his client was acquitted of homicide charges.

Zarate, a 45-year-old illegal immigrant and felon who was deported five times, sparked a national firestorm over “sanctuary cities.” Steinle’s death constituted a significant part of the border security plank of Donald Trump’s presidential platform.