Bluefield Daily Telegraph, Bluefield, WV

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WV State News

January 2, 2013

Ex-UBB mine superintendent seeks sentencing delay

CHARLESTON, W.Va. (AP) — A former superintendent at West Virginia's Upper Big Branch mine is asking a judge to delay his sentencing.

Gary May's lawyer, Tim Carrico, argues in a recent filing that public interests in sentencing May on Jan. 17 are outweighed by public interests that would be furthered by delaying the proceeding.

May pleaded guilty to a conspiracy charge in March 2012. He's cooperating with federal authorities in the ongoing criminal investigation of the 2010 explosion that killed 29 miners.

Carrico says 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, U.S. District Judge Irene Berger denied a prosecution motion to delay the sentencing.

The Charleston Gazette (http://bit.ly/12Yyc0q ) reported May's filing Wednesday.

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