Michael Fortier

OKLAHOMA CITY (CNN) -- Michael Fortier will be sentenced Wednesday for keeping quiet about the plot concerning the April 19, 1995, bombing of the Alfred P. Murrah Federal Building.

A lawyer for Fortier asked a judge Tuesday to set the sentencing range at 37 to 46 months in exchange for Fortier's cooperation in the two bombing trials.

Fortier reached a plea agreement with prosecutors in August 1995, agreeing to cooperate in the government's cases against Timothy McVeigh and Terry Nichols.

In a signed confession, Fortier, 29, admitted he knew about the bombing plot and failed to warn authorities. He will be sentenced Wednesday for hiding evidence, lying to investigators and trafficking in firearms that the government says were stolen to finance the bombing, which killed 168 people.

Army buddies

Fortier's friendship with McVeigh and Nichols went back to their days together in the Army. According to Fortier, McVeigh turned to his old Army buddies for help when he decided to blow up the Oklahoma City federal building.

Fortier's defense attorney, Michael McGuire, argued that Fortier was the government's best witness in the cases against McVeigh and Nichols.

"Mr. Fortier was the best, the most damning, the most direct and the only witness who could provide direct evidence of the planning, preparation, motivation and execution of the bomb plot of McVeigh and Nichols," McGuire argued in his brief.

McVeigh was sentenced to death after his conviction in the bombing. Nichols could get up to life in prison when he is sentenced June 4.

Prosecutors ask for reduction

Last week, prosecutors asked for "a meaningful reduction" in Fortier's sentence because of his cooperation in the cases against McVeigh and Nichols. But they did not recommend a specific amount of time off his sentence.

The Murrah Federal Building was destroyed April 19, 1995

Their request came after U.S. District Judge G. Thomas Van Bebber set a sentencing range of 14 to 17 1/2 years before consideration of Fortier's assistance.

Van Bebber ruled that the 168 deaths caused by the bombing can be considered in determining Fortier's sentence and set a sentencing guideline of three years more than the 11 to 14 years prosecutors had sought.

Fortier's defense attorney complained in his motion Tuesday that "the government has attempted to understate the significance and usefulness of Mr. Fortier's assistance in these cases."

"While we appreciate and are grateful for the government's comments and narrative of Mr. Fortier's labor in the past three years to assist the government in the investigation and prosecution of these cases, the retreat of support for Mr. Fortier as a trial witness and lukewarm endorsement in that regard is factually inaccurate," McGuire said.

"It is more than apparent that the government somehow blames and refuses to properly endorse Mr. Fortier due to the government's lack of success across the board in the second bombing trial against Terry Nichols."

Victims: No leniency for Fortier

Victims of the bombing say they would be bothered if Fortier's sentence is less than what prosecutors seek.

"It's going to be hard to live with if he gets that 14 years," said Dan McKinney, whose wife died in the bombing. "We had a life sentence imposed on us with no time off for good behavior."

About two dozen of the victims will get a chance during the sentencing hearing to tell Van Bebber about how the bombing affected their lives.

"I feel like Fortier was just as instrumental in my daughter's execution as Terry Nichols and Tim McVeigh," said Marsha Kight, whose adult daughter was killed in the bombing.

Minimum-security prison sought

In addition to seeking a lower sentence, McGuire also asked that Fortier be placed in a minimum-security prison in Las Vegas, two hours from his home in Kingman, Arizona, if he is sentenced to more than the 33 months he has already served.

McGuire asked that Fortier be incarcerated at the Las Vegas prison camp, which is part of Nellis Air Force Base, because he "has not been convicted of drug offenses or (a) crime of violence."

McGuire also asked for the minimum amount of supervised release and that no fines be imposed in the case. He also asked that restitution be no more than $4,100.

"Defendant does not intend to profit in any way from the Oklahoma City bombing tragedy and in the event this court imposes no fine, or a nominal fine, and does not order restitution to exceed $4,100, the defendant will sign and file with the court an agreement and promise not to profit from the Oklahoma City bombing tragedy," McGuire wrote.

Special section:

• Oklahoma City bombing trials

Related stories:

• Prosecutors recommend at least 11 years for Fortier - April 24, 1998
• Fortier apologizes for not stopping Oklahoma City bombing

Related site:

• Fortier apologizes for not reporting plot - Dallas Morning News