Gary Giordano, 50, returned to the United States on Wednesday after he was released from jail in Aruba on Tuesday evening. He had been in custody since Aug. 5.
Prosecutors, who contend that Giordano is responsible for the disappearance of 35-year-old Robyn Gardner, appealed the release order. The appeals court on Wednesday upheld his release, said Chris Lejuez, an attorney for Giordano.
"The first judge was right by not extending the detention and granting Gary Giordano his freedom," Lejuez said.
No other appeals regarding Giordano's detention are possible, but prosecutors can still charge him with a crime.
Lejuez said he doubts that will happen.
"All the examinations, all the investigations, have delivered nothing," he said.
Authorities have conducted numerous searches of areas near where Gardner, of Frederick, was last seen. Cadaver dogs were brought in from Holland, and Dutch deep-sea divers have looked for her remains. While those searches were being conducted, Aruban judges approved several requests to extend Giordano's detention.
Prosecutors say the investigation into Gardner's disappearance will continue and Giordano is still their prime suspect.