WEST VIRGINIA/VIRGINIA -

     A former mine executive who pleaded guilty to conspiracy charges in connection to a West Virginia mine explosion that killed 29 people now wants his conviction tossed out.

     Gary May also wants the 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.

     Last month the court 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.

      The explosion happened at the Upper Big Branch mine in 2010.