A federal appeals court has refused to free a former New Orleans police officer on bond while he awaits a retrial on charges he shot and killed a man without justification outside a strip mall in Hurricane Katrina's aftermath.

A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled Friday that U.S. District Judge Lance Africk didn't abuse his discretion by denying David Warren's release.

Warren's attorneys have argued he isn't a flight risk and doesn't pose a danger to the public.

Warren was convicted of manslaughter for fatally shooting 31-year-old Henry Glover, whose body was burned in a car by another officer.

But the 5th Circuit ordered a new trial for Warren, ruling he should have been tried separately from other officers charged in the case.