He's already in jail, but Dr. Thomas Butler is appealing his conviction.
The U.S. Attorney's Office must respond to the appeal by November 5th, with a cross appeal, that will determine if another trial is in the future. Butler's attorney says their appeal is to overturn his conviction of 47 felony counts of embezzlement, mail and wire fraud. The former Texas Tech professor caused a nationwide scare in December of 2002, when he reported 30 vials of Bubonic Plague bacteria missing from the university.
He is currently serving the sixth month of his two year sentence.