The Gleaner has reported that United States District Judge James Moody Jr has dismissed a motion filed by lawyers representing Buju, whose real name is Mark Myrie, seeking to throw out a superseding indictment filed by prosecutors.
This means that when Buju faces the court again, starting February 14, he will be answering five charges instead of the two that he faced in his first trial.
Efforts to contact Buju's lawyer, David Markus, were unsuccessful yesterday, but legal officials in the US agreed that while Buju could still beat the charges, he now has a more difficult mountain to climb.
When he was first arrested in December 2009, Buju was charged with conspiracy to possess with intent to distribute five kilograms or more of cocaine, and aiding and abetting his two co-defendants in knowingly and intentionally possessing a firearm during the course of a drug offence.
The jury was unable to agree on a verdict and the case ended in a mistrial.
Last November, US prosecutors obtained a superseding indictment against Buju which added two additional counts and modified the gun charge.
Lawyers representing Buju rushed to court seeking a dismissal of the superseding indictment, alleging vindictiveness on the part of the prosecutors because of the mistrial and the defence's attempts to get the charges dismissed.
"The court should presume that the new charges and modification were added by the government in retaliation for (the defendant) exercising his constitutional rights," Buju's lawyers argued.
But the prosecutors hit back: "As long as the prosecutor has probable cause to believe the accused has committed a crime, the courts have no authority to interfere with a prosecutor's decision to prosecute."