Alexander Christian Miles, 51, has been waiting almost two years for the 10th U.S. Circuit Court of Appeals to decide whether his double-jeopardy argument is valid.
A federal judge in Oklahoma City dismissed the case against Miles in April 2006 after ruling the indictment did not charge him with a crime under Oklahoma law, but prosecutors re-filed the charge.
Miles' attorney argued unsuccessfully that double jeopardy barred prosecutors from filing new charges against him, setting the stage for an appeal.
A three-judge panel of the 10th Circuit heard arguments in March 2007, but the court has yet to rule on the appeal.
According to the original indictment, Miles, an anesthesiologist and one-time attorney, traveled to Cambodia in 2001 to meet a 14-year-old Cambodian girl, later married her and brought her to the U.S. using false papers.
Miles moved to Altus in June 2002 after accepting a position at Jackson County Memorial Hospital, according to the indictment. He later moved to Kinsman, Ariz. Miles recently wrote to the court inquiring about the status of his appeal, but to no avail.
U.S. District Judge Joe Heaton issued an order Dec. 10 directing attorneys to weigh in on whether he still had the authority to consider releasing Miles from jail.
Since prosecutors did not object to the move, Heaton on Tuesday ordered Miles be released to a halfway
Miles, who has dual citizenship in Sweden and the United States, is expected to be freed on Wednesday after surrendering his passports. He must find work and stay away from children, the judge ordered.
The case against Miles is still pending.
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