Updated

A federal appeals court has scheduled arguments for Dec. 5 in the case of a former Russian military officer sentenced to life in prison for leading a 2009 Taliban attack on U.S. forces in Afghanistan.

Lawyers for Irek Hamidullin have argued that he shouldn't have faced trial because he is a lawful combatant. Prosecutors, however, say fighters aligned with the Taliban don't qualify for lawful-combatant status.

The 4th U.S. Circuit Court of Appeals heard arguments in December 2016. But in August, the court said it wanted to hear additional arguments after one of the judges announced he was stepping down to serve as Baltimore's city solicitor.