LOS ANGELES (AP) — A judge says Chris Brown should remain in a rehabilitation facility and turned down a prosecutor’s motion to have the R&B singer jailed over an arrest in Washington, D.C. last year.

Los Angeles Superior Court Judge James Brandlin says Brown appears to be making progress in a treatment facility and should remain there. He’s reportedly been addressing substance abuse and anger management.

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A prosecutor asked Monday to have Brown taken into custody over a misdemeanor assault case filed against Brown in D.C. He allegedly punched a man outside a hotel last October.

Brown remains on probation in Los Angeles over his 2009 attack on then-girlfriend Rihanna. Brandlin revoked the singer’s probation in December but made no changes to his sentence during a brief hearing on Monday.

The singer’s lawyer Mark Geragos asked Brandlin to allow Brown to remain in treatment and give time for the Washington case to be resolved.

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A formal probation violation hearing is planned for late next month.

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