For Alfonso Moya-Breton, the federal Freedom of Information Act (FOIA) may be his ticket to getting out of prison sooner.
As The Salt Lake Tribune’s Brooke Adams reported, the U.S. 10th Circuit Court of Appeals ruled that U.S. District Judge Tena Campbell was wrong when she refused to consider Moya-Breton’s contention that his attorney didn’t tell him about a plea deal that could have shaved six years off his sentences for drug offenses.
Moya-Breton was able to find the evidence using FOIA as part of his effort to appeal his 30-year prison sentence.
Moya-Breton said his attorney, Ed Brass, had told him that there was no offer of a plea agreement, but the letter from Assistant U.S. Attorney Adam Elggren to Brass stated that Moya-Breton’s sentence would be reduced if he would "accept responsibility."
Campbell had ruled the letter was irrelevant because the issue had already been addressed in previous appeals, but the appellate court reversed her ruling.
"Unfortunately, the district court did not distinguish the motion’s fraud allegation … from its other assertions," the appeals court said. "That is a problem."
|1.||‘Cosmos’ re-emerges on Fox with the help of Seth MacFarlane|
|2.||Two South Valley restaurants closed for health violations|
|3.||Mormon women to try again to get into priesthood meeting|
|4.||Kirby: The truth about Mormon tithing|
|5.||Transformers 4 trailer has Dinobots and Mark Wahlberg in it|
|6.||Market Street Broiler near Utah campus adds an Oyster Bar|
|7.||Idina Menzel, ‘Frozen’ heat up pop charts|
|8.||At the Utah State Prison, the tie that binds|
|9.||Out and about: Galactic, a Talking Heads tribute band and some, ahem, ‘Hot Chicks’|
|10.||Hot tickets: Disney on Ice, Utah Symphony, much more|