A federal judge has denied a new trial for an Upper Big Branch mine security chief convicted of lying to investigators after the worst U.S. coal mine disaster in four decades.
U.S. District Judge Irene Berger ruled on the request Monday in Beckley.
Hughie Elbert Stover's sentencing is scheduled for Wednesday. He faces up to 25 years in prison.
Stover was convicted of lying to investigators and ordering a subordinate to destroy thousands of documents after the 2010 disaster that killed 29 men in southern West Virginia.
Stover's attorney says his client deserves no jail time.
U.S. Attorney Booth Goodwin plans to call witnesses Wednesday including Mine Safety and Health Administration coal administrator Kevin Stricklin, along with others who will testify about Stover's Army background and as a police officer.