LINCOLN, Neb. (AP) — A federal judge has allowed a former Nebraska school superintendent to withdraw his guilty plea to the theft of $314,000 from a federal program.

The change came in Lincoln’s federal court on Wednesday, when former Santee Community Schools superintendent Paul Sellon was set to be sentenced.

At a hearing last month, the judge expressed concerns about a portion of the plea agreement where the government agreed not to file charges against Sellon’s wife, Sue Ann, if he pleaded guilty.

He was accused of stealing the funds between 2010 and 2013.

Prosecutors say Sellon contracted with Mastery Learning and Achievement, paying $683,000 in funds from an annual school improvement grant. Authorities say Sellon told the company it needed to pay him some of the grant money it received for its service as a pre-condition to being hired in Santee.