Former Rapid City dentist Larry Lytle has filed a motion in federal court to be released from jail and be placed again on house arrest until his appeal can be heard.
Lytle was sentenced to a total of 12 years in prison last month after earlier pleading guilty to conspiracy to introduce misbranded medical devices into interstate commerce and criminal contempt.
In his filing, Lytle claims the criminal case against him is void, that he had ineffective counsel and the indictment filed against him is invalid.
The filing also cites the 83-year old Lytle's failing health and his need to care for his wife.
In response, prosecutors say federal statutes requires that he be kept in custody, saying detention pending appeal is mandatory for defendants who were sentenced for an offense in which the maximum sentence is life in prison, which relates to the criminal contempt charge.
No ruling on the motion has yet been posted.