A U.S. Appeals Court has made a ruling that could result in years being cut from the sentence of a Signal Mountain man for planning an attack on a Muslim community.
Robert Doggart initially planned to plead guilty in the case, but Judge Curtis Collier rejected the plea. Under terms of the plea, his maximum sentence would be five years.
He wound up going to trial and received a 20-year term.
The case is to be sent back to Judge Collier. Doggart will again have the opportunity to plead to the original agreement.
The Appeals Court said, "Rare is the defendant who insists that we find him guilty. Rarer still is the defendant who gets his way.Robert Doggart is on his way to accomplishing both. After federal agents arrested Doggart for plotting to attack an Islamic community at thefoothills of the Catskill Mountains, he attempted to plead guilty to making a threat in interstate commerce, a crime carrying a sentence of no more than five years. But the district court found that he had not made a cognizable threat and rejected his plea under Criminal Rule 11. After that and after the government added some charges, a jury convicted Doggart of solicitation to damage religious property and solicitation to commit arson, leaving him with a sentence of almost 20 years. Because the district court wrongly rejected the plea agreement, we reverse its decision to reject the agreement, leave in place for now the later convictions, and remand for it to reconsider the agreement under the correct law. we reverse the district court’s decision to reject the plea agreement and remand the case to permit it to reconsider the agreement under current law. For now, we need not address Doggart’s other arguments on appeal, and we will retain jurisdiction of these issues pending the district court’s reconsideration."
The ruling also says, "If the court finds that Doggart intended to make a threat, it must allow him to accept the plea agreement. If he pleads guilty under the terms of the agreement and if no one challengesthe plea, we will then vacate Doggart’s other convictions. If, on the other hand, Doggart ultimately decides not to plead guilty or the district court determines that Doggart did not intend his statement as a threat, Doggart’s convictions will remain in place, and we will proceed with his appeal as to the remaining issuesas well as any other potential appeal. In view of the outstanding matters to be resolved, no judgment will issue at this time."