Ex-Mine Boss in W.Va. Wants Conviction Tossed

A former mine boss is asking a federal appeals court to toss out his conviction for his actions at the West Virginia mine where an explosion killed 29 miners in 2010.

Gary May also wants the Richmond-based 4th U.S. Circuit Court of Appeals to immediately release him from prison. May pleaded guilty to conspiracy and has about four months remaining on his 21-month sentence.

U.S. District Judge Irene Berger last month rejected May's claims that his trial lawyer had conflicts and made him a scapegoat for the Upper Big Branch mine disaster to protect Massey Energy executives. In papers filed with the appeals court, May continues to insist that he has been wrongly linked to the tragedy.

Prosecutors have not filed a response, and no hearing has been scheduled.