Eric McDavid, then 29, was sentenced in May 2008 to 235 months in
a federal prison. He had been convicted by a jury after two
co-conspirators pleaded guilty and cooperated with the government
and served nearly nine years in prison.
Federal prosecutors said the three defendants planned to attack
targets including the U.S. Forest Service Institute of Forest
Genetics, the Nimbus Dam and Fish Hatchery, and local cellular
telephone towers.
On Thursday, U.S. District Court Judge Morrison England, in
Sacramento, accepted McDavid's plea of guilty to conspiracy to
destroy by fire or explosives one or more targets in the Sacramento
area, court documents show. He sentenced McDavid to time served and
ordered his past conviction and sentence vacated.
In May 2012, McDavid filed a motion seeking review of his conviction
and sentencing, alleging ineffective legal assistance and that the
United States had procured false testimony at trial and failed to
disclose during discovery all favorable evidence material to guilt
or punishment.
The parties disagree about the merits of McDavid's claims, but
entered into the agreement, outlined before a judge in December, "to
avoid the expenses and risks of further litigation, and to advance
the interests of justice," the court documents said.
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As part of the plot, one of his co-conspirators ordered a book
called "Poor Man's James Bond" with recipes and instructions for
creating explosive devices, federal prosecutors said during his
trial.
McDavid and the two co-conspirators were arrested in January 2006
outside a store in Auburn, California, after buying items to create
the explosives, prosecutors said.
Neither McDavid's attorneys, nor the U.S. Attorneys' office in
Sacramento responded to requests for comment.
(Reporting by Eric M. Johnson in Seattle; Editing by Catherine
Evans)
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