CHICAGO — Former Illinois Gov. Rod Blagojevich is set to go back on trial in early January, but he will stand alone as a defendant this time after prosecutors today dismissed all corruption charges against his brother.

U.S. District Court Judge James Zagel said Rod Blagojevich's retrial will start the week of Jan. 4, but he did not set a specific date. Jurors deadlocked last week on all but one of 23 charges against the former governor and four charges against his brother.

The lawyer for Robert Blagojevich delivered the surprise news about the charges being dismissed to his client in a brief phone call moments after the hearing. The attorney, Michael Ettinger, told the Nashville, Tenn., businessman, "You're free." He said Robert Blagojevich responded "Oh my god, you're kidding!"

Federal prosecutors said their decision was based on Robert Blagojevich's less central role in allegedly scheming to sell or trade an appointment to President Barack Obama's old Senate seat, and to pressure people for campaign donations.

Jurors had said they were split on the charges against Robert, and some said they did not want to see him retried.

The brothers have denied any wrongdoing.