A federal court judge postponed making a decision on the fate of a former police officer serving time for his role in the Abner Louima police abuse case on Monday.

Lawyers for 39-year-old Charles Schwarz were asking that their client be eligible for early release in April, but a Brooklyn Federal Court judge said she would not make a call today since there were still questions about the appeal.

The judge asked the U.S. Attorney General's office to clear up a dispute on the case between the Bureau of Prisons and the U.S. Attorney's office.

The Bureau of Prisons wants Schwarz to serve his full five year sentence. He's served about 4 so far.

Attornies for Schwarz say their client is owed an early release under a deal struck with the U.S. Attorney's office in 2002.

Schwarz has said the only reason he agreed not to appeal the decision is that prosecutors said they could reduce the time he'd serve, but the Bureau of Prisons says that only terminally ill patients are eligible for early release.

Schwarz was convicted of perjury in connection with the 1997 attack on Louima inside a Brooklyn stationhouse.

Former officer Justin Volpe is serving a 30-year prison sentence for the attack.