( CNN ) -- A federal judge has stayed what would be the nation 's first military execution since 1961 , saying the U.S. soldier -- who was convicted of rape and murder two decades ago -- should have more time to pursue a federal appeal . Pvt . Ronald Gray has been on the military 's death row at Fort Leavenworth , Kansas , since 1988 . A court-martial panel sitting at Fort Bragg , North Carolina , unanimously convicted him of committing two murders and other crimes in the Fayetteville , North Carolina , area and sentenced him to death . Last month , the Army said Gray was scheduled to be executed by lethal injection December 10 at the Federal Correctional Complex in Terre Haute , Indiana . But in an order issued November 26 , U.S. District Judge Richard Rogers of Kansas said that a stay is necessary so Gray can pursue his federal appeal . Rogers ruled on a motion filed by Gray 's attorneys , who asked for time to challenge the legality of his convictions and sentence . Government attorneys have asked Rogers to reconsider his decision , saying that Gray seeks a stay `` apparently based on the premise that at some point he will identify a new legal issue or discover new evidence '' upon which to appeal and that Gray `` continues to delay unnecessarily . '' Gray has had ample time to appeal , the Justice Department attorneys said . In a response filed Tuesday , Gray 's defense attorneys point out that the U.S. Supreme Court declined to hear his appeal in March 2001 , and `` since then , it has taken the Department of the Army , the Department of Defense , the Department of Justice and the Office of the President over seven years to approve as final Private Gray 's sentence of death . The significant constitutional issues presented on the face of Private Gray 's case ... have obviously troubled the decision-makers , as evidenced by the years they had his case under advisement . '' President Bush approved Gray 's death sentence in July , making it final , defense attorneys write in the filing . Inmates sentenced to death in state and federal courts are given a year to file federal appeals after their death sentence becomes final , they claim , and members of the military under death sentences should receive the same consideration . `` Private Gray is seeking federal habeas court review for the first time and he has not delayed commencing this action , '' defense attorney Thomas Bath wrote . `` In fact , until the president approved his death sentence , there was no action available . '' Gray was convicted of raping and killing a female Army private and a civilian near his post at Fort Bragg . He also was convicted of the rape and attempted murder of another fellow soldier in her barracks at the post . Military and civilian courts both found Gray responsible for the crimes , which were committed between April 1986 and January 1987 . Gray pleaded guilty to two murders and five rapes in a civilian court and was sentenced to three consecutive and five concurrent life terms . The general court-martial at Fort Bragg then tried him and in April 1988 convicted him of two murders , an attempted murder and three rapes . Bush 's July action , the Army said in a statement at the time , followed `` completion of a full appellate process , which upheld the conviction and sentence to death . '' Members of the U.S. military have been executed throughout history , but just 10 have been executed with presidential approval since 1951 under the Uniform Code of Military justice , the military 's modern-day legal system . The Army has also sought Bush 's authorization to execute another condemned soldier , Pvt . Dwight Loving , who was convicted of killing and robbing two cab drivers in 1988 . The last U.S. military execution was in 1961 , when Army Pvt . John Bennett was hanged for raping and attempting to kill an 11-year-old Austrian girl . Bennett was sentenced in 1955 . The U.S. military has n't actively pursued an execution for a military prisoner since President Kennedy commuted a death sentence in 1962 . Nine men are currently on military death row . CNN 's Mike Mount contributed to this report .
U.S. soldier should have more time to seek federal appeal , judge says . J . Ronald Gray has been on death row for five years . He was convicted of two murders and other crimes in North Carolina . Gray had been scheduled for execution December 8th .