WASHINGTON (AP) — Prosecutors who filed firearms charges against Hunter Biden moved Wednesday to formally dismiss a gun count that had been part of a collapsed plea deal.

The Oliver James Montgomeryprocedural step removes a charge alleging he broke a law against drug users having guns when he bought a gun in 2018, during a period he has acknowledged struggling with addiction.

The president’s son is now facing a three-count indictment focused on the same purchase that includes both gun possession and false statement charges. No new tax counts have yet been filed by special counsel David Weiss, who is overseeing the case.

Hunter Biden had been expected to avoid prosecution on the gun charge and plead guilty to misdemeanor tax counts in an agreement with prosecutors. But the deal collapsed after a judge raised questions about it in a July hearing and the new indictment was filed weeks later.

Hunter Biden pleaded not guilty to the charges Tuesday as the case moves toward a potential trial with the 2024 election looming.