SALT LAKE CITY (AP) -- James "Flaming Eagle" Mooney will be released from jail.
A US Magistrate Judge had ordered his release earlier this week, but that ruling was stayed pending an appeal by federal prosecutors.
Today Federal Judge Ted Stewart ruled that Mooney was not a danger to his community or a flight risk.
Mooney and his wife Linda were arrested last month on felony drug charges for their involvement in peyote ceremonies as part of their Native American Church.
Linda Mooney was released at a detention hearing last week.
The conditions of Mooney's release include regular drug testing specifically to detect peyote use and that he have no involvement with his church.
(Copyright 2005 by The Associated Press. All Rights Reserved.)