A former Upper Big Branch Mine superintendent is scheduled to be sentenced this morning for plotting to avoid safety rules and cover up the resulting hazards at the Raliegh County operation.
May previously plead guilty to plotting with other individuals on numerous occasions to put coal production ahead of worker safety and to conceal the resulting hazards at Upper Big Branch.
May admitted to taking part in a scheme that involved providing advanced warning of government inspections and then hiding or correcting violations before federal agents could make it into working sections of the mine.
May faces a maximum prison sentence of five years for one felony count.
Earlier in the month, May requested a lighter sentence from Judge Berger of home confinement and probation or lesser than the 15 to 21 months in jail recommended by federal sentencing guidelines.