Ultimately, whereas Fitzgerald's grand jury did not indict Rove for committing any alleged crimes, and, in October 2005, it did indict Libby not for allegedly having leaked Wilson's identity but for allegedly having lied in his sworn testimony pertaining to the leak investigation, federal felonies for which a jury convicted and a judge sentenced him, a sentence which was commuted by Presidential proclamation. On July 19, 2007, a district court judge dismissed the Wilsons' civil lawsuit (Plame v. Cheney) which charged related offenses by the various government officials. The dismissal was on jurisdictional grounds, that the case belonged in federal court. The Wilsons appealed that decision, but on August 12, 2008, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit upheld the dismissal in a 2–1 decision. On June 21, 2009, the U.S. Supreme Court refused to hear the appeal.