PIKEVILLE, Ky. — An elderly Magoffin County man convicted of conspiracy and distributing oxycodone nearly eight years ago will have to wait a little longer to find out what his sentence will be.

84-year-old Howard Harlow Back was convicted in January 2013. At that time, he was sentenced to more than 21 years in prison.

That sentence was later overturned and he was re-sentenced to more than 17 years in prison, but that sentence was also overturned.

He was supposed to be re-sentenced on Thursday, after two previous hearings were postponed. But that hearing was also cancelled, due to a COVID outbreak in the prison.

No new date has yet been set.

His attorney is arguing that Back be released to home confinement, noting that his health issues and life expectancy make him no threat to the public.