Jakubec contends authorities destroyed his Escondido house before it could be further searched for evidence that may have helped his case. Authorities blew up the house after it was deemed to be too dangerous to enter or clear.
Presiding U.S. District Judge Larry Burns had denied Jakubec's same argument in December, saying it was too dangerous for anyone to enter the house. Jakubec's attorney had sought to block demolition to protect evidence.
Prosecutors in the case say the judge has already ruled on the issue.
The judge's decision is forthcoming. If the argument is rejected, Burns can set a trial date.
Jakubec, an unemployed software consultant, has also been charged with robbing three banks and for attempting a fourth.
He could face at least 30 years in prison when he is sentenced on June 13 but prosecutors may recommend less time if he cooperates with investigators.
The Associated Press contributed to this report.
