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Federal prosecutors want to delay former mine superintendent's sentencing

Federal prosecutors want to delay the sentencing of the former superintendent of the Upper Big Branch Mine by about 60 days.

FILE - In an April 5, 2010 file photo, West Virginia State Police direct traffic at the entrance to Massey Energy's Upper Big Branch Coal Mine in Montcoal, W.Va. An explosion fueled by methane and coal dust ripped through the seven miles of underground corridors at the mine on April 5, 2010 killing 29 men. (AP Photo/Jeff Gentner, File)

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.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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