A rumored plea agreement for the federal charges against Dawn Nyugen, who is responsible for buying the weapons used in the 2012 Christmas Eve West Webster shooting, didn't happen during a status meeting in federal court on Friday.
Defense Attorney John Parrinello is calling on the Justice Department to dismiss the federal indictment.
Those federal charges include illegally buying weapons by lying on a federal form, unlawful use of marijuana and selling firearms to a convicted felon.
Parrinello says if the federal justice department dismisses the charges, Nyugen will plead guilty.
"I would hope that they would really fairly look at what happened in the state court and be satisfied that their main question would have been answered. It has been answered. It was answered by a maximum sentence imposed. So what more is there to do to Dawn?"
The federal prosecutor Jennifer Noto says they are disappointed the case was not resolved on Friday.
"There certainly is a strong federal interest and we will wait what defense counsel submits and we will wait from there."
Parinello says Ngugen could face 10 months to 2 years of fed time, on top of her current 1 1/3 to 4 years in state prison sentence.