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US magistrate: No grounds to set aside conspiracy conviction of ex-Upper Big Branch mine boss
Reported by: Associated Press
Wednesday, October 23, 2013 2:15 AM EDT
A magistrate says there are no grounds to set aside the conviction of a former Upper Big Branch mine boss now in prison.
May pleaded guilty to conspiracy and is serving 21 months for his actions at the West Virginia mine.
May claimed that he wasn't allowed to testify that illegal advance warning of safety inspections was common practice at former Massey operations now owned by Virginia-based Alpha Natural Resources.
Last week, U.S. Magistrate Clarke VanDervort ruled May's claims are without merit.
He has recommended that U.S. District Court Judge Irene Berger dismiss the complaint.