Judge refuses to delay ex-mine chief's sentencing

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Associated Press

Posted on January 3, 2013 at 9:01 AM

CHARLESTON, W.Va. (AP) — A judge has again refused to delay the sentencing of the former superintendent at West Virginia's Upper Big Branch mine.

Gary May's lawyer, Tim Carrico, argued in court papers that that public interests in sentencing May on Jan. 17 are outweighed by public interests that would be furthered by a delay. The Charleston Gazette reports (http://bit.ly/12Yyc0q ) that U.S. District Judge Irene Berger denied May's request Wednesday.

May pleaded guilty to a conspiracy charge last March. He's cooperating with authorities in the criminal investigation of the 2010 explosion that killed 29 miners.

Carrico said May would lose the benefit of his plea agreement's cooperation provision if his sentencing isn't delayed. Consequently, he would lose the opportunity to provide additional cooperation.

Last month, Berger denied a prosecution motion to delay the sentencing.

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Information from: The Charleston Gazette, http://www.wvgazette.com

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