Attorneys for the Justice Department filed documents Tuesday asking Rogers to reconsider his stay order.
Gray, 43, is held at the U.S. Disciplinary Barracks at Fort Leavenworth. He was convicted in connection with a spree of four murders and eight rapes in the Fayetteville, N.C., area between April 1986 and January 1987 while he was stationed at Fort Bragg.
It would have been the first military execution in the United States since 1961.
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