Gatlin to ask CAS not to consider '01 doping case in appeal

RALEIGH, N.C. -- Disgraced
Olympic 100 meters champion Justin Gatlin will ask the Court of
Arbitration for Sport to ignore an earlier doping case
when it hears his appeal of a four-year ban later this month,
his attorney said on Monday.

Maurice Suh also said during a teleconference he did not
expect Gatlin would be called to testify in the federal trial of
the sprinter's former coach Trevor Graham.

Graham went on trial in San Francisco on Monday on charges
he lied to federal agents in their BALCO doping investigation.
Graham has pleaded not guilty to the charges.

A U.S. arbitration panel suspended the 26-year-old Gatlin in
January for four years, ruling a 2006 positive test for the male
sex hormone testosterone was a second offense.

It took into consideration a 2001 positive for a medication
Gatlin had taken for years for Attention Deficit Disorder.

"We are asking the 2001 case not count toward aggravating
.... any sanction imposed upon [the] 2006 [case]," Suh said.

He said that would be a central aspects of the hearing,
which is scheduled for May 28-29 in New York City.

In addition to Gatlin's appeal, the CAS panel will consider
a filing by the International Association of Athletics
Federations (IAAF) to double Gatlin's ban to eight years,
effectively ending his career.

Gatlin was told by the sport's governing body in 2002 when
it reinstated him from the 2001 suspension any repetition of his
positive would result in a life ban.

Gatlin has repeatedly denied taking performance-enhancing

If the CAS panel agrees with his appeal, he would be facing
a two-year ban as a first-time offender and would be eligible to
compete in the late June U.S. Olympic trials for the Beijing

Although he has not run competitively since 2006 and does
not have a qualifying time, as a reigning Olympic champion
Gatlin would be eligible for the trials according to USA Track
and Field (USATF) rules.

Suh said he expected a CAS ruling in time for Gatlin to
participate in the trials if his appeal is successful.