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Unless 4th Circuit Court of Appeals steps in, Blankenship set to report to prison May 12

Don Blankenship set to report to prison May 12 unless U.S. Court of Appeals for the Fourth Circuit steps in, federal prosecutors say. (WCHS/WVAH)

Federal prosecutors said in a new court filing that unless the U.S. Court Appeals for the Fourth Circuit steps in, former Massey Chief Executive Officer Don Blankenship is set to report to prison on May 12.

The court filing from prosecutors seeks a three-day extension of time to respond to a motion filed by Blankenship's attorneys to allow him to remain free on $1 million bond pending appeal.

It does not specify where Blankenship would serve his time. The U.S. Attorney's Office for the Southern District would not comment on where Blankenship would serve his prison sentence. Under the Bureau of Prison's policy, designations are not released until a person serving a sentence arrives at his or her destination.

Blankenship was sentenced April 6 to the maximum prison time and fine of $250,000 for conspiring to willfully violate mine safety standards at Upper Big Branch Mine in West Virginia. A jury convicted him Dec. 3.

A coal mine exploded there in 2010, killing 29 men.

The AP contributed to this report.

Below is federal prosecutors' response to Blankenship's motion to stay out of prison while he appeals his case:



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