James Kirkland will not be fighting on the undercard of the May 2 Manny Pacquiao-Ricky Hatton bout at the MGM Grand, because a federal judge refused Friday to release him from jail in Austin, Texas, where he is being held on a federal gun charge.

Kirkland, already on probation for a 2003 armed robbery conviction, was arrested on Sunday by Austin police and Bureau of Alcohol, Tabacco and Firearms agents after they allegedly found a loaded pistol in his car, according to ATF spokesperson Franceska Perot.

He was taken into custody by the ATF and charged Monday by a federal magistrate with illegal possession of a firearm and ammunition by a convicted felon, which carries a maximum prison sentence of 10 years, Perot said. Kirkland, 25, will next be in court to issue his plea, although no date has been set.