A Marlinton physician convicted on 29 counts of health care fraud for billing insurers for services he never performed is seeking a new trial.

U.S. District Judge Irene Keeley has set a July 2 hearing for Dr. John C. Sharp to address alleged issues of prosecutorial misconduct and ineffective assistance of council.

A federal jury in Elkins convicted the 67-year-old osteopath in June 2008. Jurors said Sharp defrauded Medicare, Medicaid and West Virginia workers' compensation of $570,434 between May 1998 and January 2006.

Attorneys for the government argue in court documents that Sharp's trial was not flawed.

Sharp faces up to ten years in prison and a $250,000 fine on each count.