The U.S. Court of Appeals for the Fourth Circuit has extended the time former Massey Energy CEO Don Blankenship has to file a rehearing petition to Feb. 10.

Blankenship was convicted of a misdemeanor charge of conspiring to violate mine safety laws, a decision upheld by the appeals court. He is scheduled to be released from the Taft Correctional Institute on May 10 and recently lost an appeal of the conviction.

The former coal boss' defense requested eight extra days to petition for a rehearing to give them time to consult with Blankenship and consider filing for a rehearing. The court wrote that no further extensions will be granted "absent a show of extraordinary circumstances."