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Rancher Cliven Bundy, was released from custody Monday, according to his attorney, Bret Whipple.

In December, US District Judge Gloria Navarro declared a mistrial in the case against Bundy, his sons Ryan and Ammon Bundy, and self-styled Montana militia leader Ryan Payne in a showdown against federal land managers on the open range where Bundy’s cattle grazed and fed.

Bundy would not pay grazing fees, arguing the land belongs to the state and not the government.

“Today was the hearing to determine if the mistrial of the court was with prejudice or without prejudice and Judge Gloria Navarro dismissed the case with prejudice, meaning that the US Attorney’s Office could not bring the case against Cliven Bundy back,” Whipple said.