Monday, April 01, 2013

Defendant's Rule 60(b) Motion Remanded; Government May Need to Explain Itself

U.S. v. Moya-Breton, 2013 WL 1092823 (Ut.) (unpub'd) - The 10th remands for reconsideration of the defendant's Rule 60(b) motion because of his fraud allegation. In his original § 2255 motion the defendant claimed counsel had failed to disclose a plea bargain offered by the government. The district court denied it because the defendant's pleadings indicated his attorney told him there was no plea offer. In his 60(b) motion, the defendant attached a prosecution letter he obtained through a FOIA request. The letter offered his attorney a plea deal. The 10th opines that the letter suggests the need for the government to explain why it did not mention the plea offer in responding to the defendant's original § 2255 motion. The 10th thought it also might be wise to hear from defense counsel why counsel told the defendant the government didn't make an offer. Somebody could be in big trouble.