PITTSBURGH—A federal judge has removed a former western Pennsylvania man from court supervision pending a decision on whether he will be prosecuted in a drug-related 1977 double murder more than 3 1/2 decades ago.

Attorneys for 60-year-old David Munchinski are seeking dismissal of the charges in the 1977 slayings of 24-year-old James Alford and 28-year-old Raymond Gierke in Bear Rocks, Fayette County.

A federal magistrate in 2011 reversed the commission, saying former prosecutors withheld evidence during past trials. An appeals court last fall upheld that decision and gave the state 120 days to retry him.

The former Latrobe resident now lives near Tampa, Fla., near his daughter.