Last week, a federal appeals panel overturned the 2015 corruption convictions of former Senate Majority Leader Dean Skelos and his son Adam, citing the U.S. Supreme Court decision in that narrowed the legal definition of corruption. (Read the decision here.)

The United States Court of Appeals for the Second Circuit found that the judge’s explanation to the jury of an official action was too broad, and that the jury may have convicted the Skeloses for conduct that was not unlawful under the McDonnell ruling. But the court also made it clear that the government’s evidence against the Skeloses was sufficient to allow a properly instructed jury to convict the two men, finding that there was enough evidence to establish that there had been a quid pro quo arrangement.

The court said “Because we cannot conclude that the instructional error as to ‘official acts’ was harmless beyond a reasonable doubt,” the panel said, “we are obliged to vacate defendants’ convictions in their entirety and to remand the case for a new trial.”

Joon Kim, acting United States attorney for the Southern District of New York, said that he plans to retry the two men.