A federal judge rejected a prosecution appeal Monday and upheld a ruling permitting Honolulu police Maj. Carlton Nishimura to be released Wednesday while awaiting his trial on extortion and drug charges in April.

U.S. District Judge Helen Gillmor upheld federal Magistrate Richard Puglisi’s decision Thursday permitting Nishimura’s release to his parents’ custody.

Nishimura must also wear an electronic monitoring bracelet.

Gillmor added one more condition that prohibits Nishimura from using a cell phone.

The judge overruled an appeal by Assistant U.S. Attorney Thomas Muehleck, who asked that Nishimura be held in custody until the trial.