He's already in prison, but the former Texas Tech professor who caused a bubonic plague scare is appealing his conviction.
But the U.S. Attorney's Office has responded by appealing that appeal. So, the government is waiting to hear Butler's response to the cross appeal. Dr. Thomas Butler's attorney says their appeal seeks to overturn his conviction on 47 felony counts of embezzlement, mail and wire fraud. He is currently serving the sixth month of his two year sentence.