He is scheduled to be sentenced by U.S. District Judge Robert Jones on Nov. 3.

Federal sources said the deal was offered after it was determined that Bergendorff had no intention of harming anyone. Although both the defense and the prosecution are recommending that Bergendorff receive a 37-month sentence, the agreement is non-binding and Jones has the final say during the sentencing hearing.

Bergendorff, who remained in a wheelchair after emerging from a coma in March, did not offer an explanation as to why he kept a vial and a beaker filled with ricin in his Extended Stay America motel room.

Bergendorff's attorney, Paul Riddle, declined to comment on the case other than to say that his client's health is improving.

"He's doing much better," Riddle said as he left the courtroom.

Bergendorff appeared in court with shoulder-length hair and a graying goatee, wearing beige North Las Vegas Detention Center garb. He confidently answered Jones' questions regarding the plea agreement.

He explained that he is undergoing rehabilitation and suffers from an upset stomach.

Bergendorff called emergency personnel on Feb. 14 after complaining of having difficulty breathing. Two weeks after he was admitted to Sunrise Hospital and Medical Center, hotel staff members entered his room and discovered a .22-caliber Browning pistol and a .22-caliber Ruger rifle, both with silencers attached.

Police searched the room and found the ricin and an Anarchist's Cookbook that included recipes for deadly biological agents. A subsequent search of Salt Lake City storage units rented out by Bergendorff turned up a sketch of an injection device.

On March 7, the FBI conducted tests on the ricin and characterized its preparation as "crude," according to the U.S. attorney's office. During an April 20 court appearance, Assistant U.S. Attorney Gregory Damm said Bergendorff possessed enough of the chemical agent to kill 522 people.

"Used improperly, ricin can be a very dangerous and deadly weapon," U.S. Attorney Gregory Brower said after the hearing. "As this case demonstrates, the U.S. Department of Justice will prosecute anyone found to be unlawfully in possession of such toxins.

"Fortunately, in this case, the ricin is not believed to have caused any harm to the public."

It is unclear whether ricin exposure contributed to Bergendorff's illness. Prosecutors said by the time the ricin was discovered, it would have been flushed from the man's system.

Riddle explained that Bergendorff had heart problems and that his condition worsened when he suffered kidney failure and contracted pneumonia. Bergendorff was arrested the same day he was released from the hospital after a nine-week stay.

Riddle has argued that his client had no ill intentions. He said his client has a clean record and only had "fantasies" about committing crimes.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.