BECKLEY (AP) — Federal prosecutors want to delay the sentencing of the former superintendent of the Upper Big Branch Mine by about 60 days.
U.S. District Judge Irene Berger had scheduled Gary May’s sentencing for Aug. 9 in Beckley, but Assistant U.S. Attorney Steven Ruby wants to postpone.
Ruby says May is cooperating in an ongoing criminal investigation of the April 2010 explosion that killed 29 coal miners. Investigators need more time to fully develop that cooperation.
Ruby says in a court filing that May doesn’t object to the delay.
May pleaded guilty earlier this year to conspiracy to defraud the federal government. He’s the highest-ranking mine official charged so far in the blast.
Ex-security chief Hughie Elbert Stover is appealing his conviction and a three-year sentence for lying to investigators.