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Amy Forliti, Associated Press
Minneapolis, Minn.

Defense: No evidence Minnesota man plotted attack

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Buford Rogers
This photo provided by the Chippewa County, Minn., Sheriff shows Buford Rogers who was arrested Friday, May 3, 2013, during a raid on a mobile home in Montevideo, Minn. Authorities said Monday, May 6, that Rogers is charged with one count of being a felon in possession of a firearm and the agency believes is disrupted a potential terror attack after a search of the home turned up Molotov cocktails, suspected pipe bombs and firearms.
AP Photo/Montevideo American-News

The defense attorney for a Minnesota militia member indicted in what the FBI once called a "terror plot" is asking that his client be released pending sentencing.

Twenty-five-year-old Buford Braden Rogers faces weapons charges, including one count related to possessing Molotov cocktails. But he does not face any terror-related charges. He's scheduled to plead guilty Friday.

In documents filed Wednesday, Assistant Federal Defender Andrew Mohring says authorities initially cast Rogers as a domestic terrorist when he was arrested in May.

He says that while Rogers had dangerous items, in the end, no additional evidence was found to confirm Rogers plotted an attack.

Mohring says Rogers is not as dangerous as initially alleged and could be released with conditions. The U.S. Attorney's Office and the FBI had no comment.