ALBANY (AP) - The 9th U.S. Circuit Court of Appeals has given Oregon's attorney general three months to make the case that an Albany man should remain under parole supervision.

Attorney General John Kroger appealed a federal judge's March decision to overturn Richard Lee's 1995 conviction on charges that he sexually abused a 4-year-old boy. The judge ruled that the Linn County trial was plagued with errors and insufficient evidence.

In vacating the conviction, the judge freed the 49-year-old Lee of all parole conditions and restrictions, such as registering as a sex offender and checking in regularly with authorities.

This week's ruling by the Appeals Court keeps Lee under supervision while the state prepares for oral arguments set for Oct. 5. That's when the appeals court will decide whether to reinstate Lee's conviction.