United States v. Moya-Breton, No. 11-4116 (10th Cir. 2011)
Annotate this CaseDefendant Alfonzo Moya-Breton filed a motion for relief under 28 U.S.C. 2255 at the district court claiming that he had received ineffective assistance of trial and appellate counsel. The court denied the motion and Defendant's request for a certificate of appealability (COA) to appeal the denial. A jury convicted Defendant on "multiple counts," and he was sentenced to 360 months' imprisonment. According to Defendant's affidavit, after the district court pronounced sentence, he turned to his trial counsel and asked about an alleged maximum sentence of 17 years, but counsel said that "he did not know what happened." On appeal, Defendant argued: (1) that trial counsel "fail[ed] to negotiate, secure, and/or disclose a plea offer with the government where the evidence demonstrated overwhelming guilt;" (2) that trial counsel "grossly misadvised [him] of applicable laws, statutes, and potential sentencing exposure;” (3) that trial and appellate counsel "fail[ed] to object [to] an . . . inapplicable weapon enhancement;" and (4) that trial and appellate counsel "fail[ed] to investigate, discover, and exploit false testimony given by the government’s primary witness during trial." Upon review of the trial record, the Tenth Circuit concluded that Defendant failed to make a "substantial showing of the denial of a constitutional right." The Court denied his application for a COA and dismissed his appeal.
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