Appeals panel won't release cancer doctor Fata early, returns request to lower court
A federal appeals court said disgraced cancer doctor Farid Fata's request to re-examine a ruling that is keeping him in prison exceeded the time allowed to appeal and returned it to a lower court.
The U.S. Court of Appeals for the Sixth Circuit in Cincinnati said Thursday it is sending the request back to federal district court for it to "determine whether Fata can show excusable neglect or good cause warranting an extension of the (14-day) appeal period."
"We remand the case to the district court for the limited purpose of allowing the court to determine whether Fata can show excusable neglect or good cause warranting an extension of the appeal period," the appeals court told Fata in an order. "Following this limited remand, the record as supplemented will be returned to this court for further consideration. We defer ruling on the government’s motion to dismiss pending the limited remand."
In July, a federal court judge denied Fata's request to be released from prison because of the COVID-19 outbreak.
Fata, 55, of Rochester Hills is serving a 45-year sentence at a South Carolina federal prison. He was sentenced in 2015 for orchestrating a wide-ranging, $34 million Medicare and insurance fraud. As part of the scheme, the oncologist/hematologist prescribed chemotherapy to cancer-free patients.