UPDATE: Ex-UBB superintendent May sentenced - WVVA TV Bluefield Beckley WV News, Weather and Sports

UPDATE: Ex-UBB superintendent May sentenced

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BECKLEY (WVVA) - Former Upper Big Branch mine superintendent Gary May knows his fate after his sentencing hearing Wednesday morning.

May was sentenced to 21 months in prison and 3 years probation.

He was also issued a $20,000 fine -- $10,000 due immediately.

May had cooperated with prosecutors in their ongoing criminal investigation of the 2010 explosion that killed 29 miners at the former Massey Energy operation.

Judge Irene Berger found no restitution for May. She says there is no identifiable victim in this case as the law defines it.

Last March, May entered a plea of conspiracy to defraud the federal government.

May has 14 days to appeal the sentencing.

In court Thursday May apologized to his family and all others affected by his actions.

A plea hearing is set next month for former longtime Massey executive David Hughart, who's accused of two federal conspiracy charges.

Hughart's cooperation has been viewed as a sign that authorities may be gathering evidence to target officials further up the Massey hierarchy.

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