PITTSBURGH — Prosecutors don't want a federal judge in Pittsburgh to delay the retrial of celebrity pathologist Cyril Wecht while his attorneys push for a double jeopardy dismissal in the 3rd U.S. Circuit Court of Appeals.

Prosecutors agree with U.S. District Judge Arthur Schwab's Tuesday ruling. The judge said retrying Wecht on 41 theft and fraud counts does not constitute double jeopardy.

Wecht is accused of using his county staff and resources to benefit his multimillion dollar private practice. Earlier this month, Schwab declared a mistrial after a jury deadlocked.

The prosecutors said Wecht's attorneys asked for the mistrial, so it can't bar a retrial. The prosecutors said the May 27 retrial shouldn't be delayed because the appeal is likely to fail.

Schwab has not immediately ruled on the issue.