OKLAHOMA CITY (AP) — A three-judge panel of a federal appeals court has ruled that a sex charge against a former Altus doctor is not double jeopardy.

Fifty-one-year-old Alexander Christian Miles is charged with transporting his then 14-year-old wife from New York to Oklahoma to have sex.

Miles was originally charged with having sex with a minor but a federal judge ruled he had not committed a crime under Oklahoma law and dismissed the case. Prosecutors then filed the second charge.

The 10th U.S. Circuit Court of Appeals panel voted 2-1 to uphold the second charge in a ruling released Thursday.

Miles’ lawyer says he’s considering appealing to the U.S. Supreme Court.

Miles is an anesthesiologist who once worked at Jackson Memorial Hospital in Altus.