Rodney Morrison has been imprisoned six years while prosecutors argued he was a killer and that his business on Long Island's Poospatuck Indian Reservation was a criminal racket.
But a jury cleared him of a murder charge two years ago, and two weeks ago a federal judge tossed out his conviction for cigarette trafficking.
The judge cited a "lack of clarity" in state laws regarding cigarettes sold on Indian reservations.
Morrison could still get up to 10 years on a gun charge, but his lawyers say guidelines call for him to get less time than he has already served.
The sentencing is scheduled for Friday.