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.