My understanding is they never brought the charges in the first place. The supposed online hitman and the victim were both FBI informants. They never filed any charges because it was clearly entrapment and no one was ever in any danger.

The prosecutors later used that evidence as support for their sentencing request after Ross was convicted of only non-violent offenses, which has a much lower standard of evidence. The allegations of murder-for-hire were never tested at trial. They may have evaporated under cross-examination by a competent defense. Our system of justice holds that Ross is innocent of those allegations unless convicted at trial.