A sentencing date has been set for a man who has been awaiting re-sentencing for a 2008 murder in Leavenworth.

A sentencing date has been set for a man who has been awaiting re-sentencing for a 2008 murder in Leavenworth.

The sentencing proceeding for Matthew Astorga is scheduled for Nov. 13 in Leavenworth County District Court.

Astorga, 40, has been waiting to be re-sentenced for the first-degree murder of Ruben Rodriguez.

The crime took place in 2008, but Astorga was convicted of the murder in 2009. He received what is known as a Hard 50 sentence. This means he received a life sentence without possibility of parole for at least 50 years.

But he now has to be re-sentenced because the state’s old Hard 50 law was struck down by a U.S. Supreme Court decision.

Under a new law, a jury will have to decide whether Astorga should once again receive the Hard 50 sentence. Court officials refer to this sentencing proceeding as a jury trial.

The date for the jury trial was selected Wednesday when Astorga appeared in court with his attorney, Joel Rook.

District Judge Gunnar Sundby said he will set aside two days for the sentencing proceeding.

Astorga has another case pending in Leavenworth County District Court. In that case, he is facing a felony charge of battery on a county corrections officer for allegedly spitting in the face of an officer July 15, 2014, at the Leavenworth County Jail.

Sundby conducted a pretrial conference in this case Wednesday.

Rook indicated he will be relying on a general denial defense in this case.

County Attorney Todd Thompson said there are no ongoing plea negotiations in the case.

Rook said he would prefer for the battery case to go to trial before the re-sentencing in the murder case.

Sundby scheduled a trial for the battery case for Sept. 21. The judge said he will set aside one day for the trial.

“We’ll see you in September,” Sundby said.

Twitter: @LVTNewsJohnR