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updated 9/12/2011 8:17:19 PM ET 2011-09-13T00:17:19

A judge has refused to order Utah State Prison to increase the amount of food given to an inmate awaiting trial on a murder charge.

Third District Judge Paul Maughan said Monday he won't tell the state Department of Corrections how to conduct its operations.

Attorneys for inmate Curtis Allgier made the request for more food after their client lost 50 pounds. He wants to regain the weight so he'll look like he did when he was captured.

Defense attorney Dusty Kawai says he'll try to work out the issue with prison officials.

Allgier has pleaded not guilty to capital murder in the June 2007 shooting death of a guard. Authorities say he was captured after being disarmed by a patron at a fast food restaurant.

A trial is set for June. If convicted, Allgier faces the death penalty

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