HAMMOND | A federal judge on Monday denied a request for a new trial for one of the Chube brothers -- region doctors hit with hefty prison sentences for allegedly dealing pain pills.

But the men have another shot at freedom Sept. 17.

In 2006, senior Judge Rudy Lozano sentenced David D. Chube II to 15 years in prison. Lozano gave Charles "Randy" Chube five years. The Chubes appealed their convictions and sentences, and the 7th Circuit Court of Appeals ordered the Chubes resentenced. In two weeks, Lozano is slated to decide how to resentence the men. The Chubes and their lawyers have vigorously contested prison sentences they argue were excessive. The brothers were released from prison last year pending their resentencing.

If a new trial is granted, defense lawyer Eli Stutsman will ask Lozano to sentence the men to time they have already served.

"Our position is that they have served an adequate amount of time already," Stutsman said.

The Chubes were charged in a October 2004 indictment with promiscuously writing prescriptions for Percocet, OxyContin and other potent painkillers. The brothers ran offices on Broadway in Gary and in Munster. In spring 2006, a federal jury found Randall Chube guilty of one count of illegal prescription distribution, while David Chube was convicted on four counts.

Lozano rejected David Chube's bid for a new trial this week. The defense argued admissions of criminal misbranding by OxyContin's maker in 2007 should cancel David Chube's jury conviction. Lozano rejected a set of legal arguments and concluded the evidence of the drug's misbranding likely would not have led to an acquittal.

Federal prosecutors recommend Lozano send the men back to prison. The defense has asked for a 30-month sentence for David Chube and 25 months for Randy Chube. Both have served that time, Stutsman said.