Judge denies motion to suppress evidence

A federal judge in Texarkana is recommending denial of a defense motion to suppress statements made by a drug trafficking defendant and evidence obtained during a search of his cell phone.

U.S. Magistrate Judge Caroline Craven issued a report and recommendation recently in the case of Armando Moya in which she rejected arguments by the defense that Moya was coerced into speaking with federal agents and illegally compelled to hand over his cell phone.

Armando Moya, 47, is accused of conspiring to traffic heroin and fentanyl and of carrying a firearm in furtherance of the crime.

Federal agents quickly aquired a search warrant for Armando Moya's house in New Boston, Texas, in response to information they acquired from his brother, Jose Moya. Jose Moya was stopped June 6, 2018, in Jim Wells County, Texas, with two female companions as he drove a rental car. Nine bundles of suspected heroin were discovered on the women and all three were arrested. Jose Moya allegedly told agents that he was supposed to deliver the heroin to Armando Moya in New Boston that night and pick up cash being stored in Armando Moya's house.

That led agents in the Tyler, Texas, DEA field office to acquire a search warrant for Armando Moya's home, which was executed at approximately 1 a.m. June 7, 2018. Less than 15 minutes later, Armando Moya answered questions while cuffed and seated in the front seat of Agent Maximo Mella's SUV outside Armando Moya's home. Two other members of law enforcement were seated in the back.

A box containing close to $200,000 was found in a closet of Armando Moya's house and a firearm discovered in a small safe. During his interview with Mella, Moya waived his right to remain silent and signed a document permitting the agents to inspect the contents of his phone. Armando Moya allegedly described his role in the trafficking conspiracy as receiving drugs from his brother which he would deliver to locations in Tennessee, Ohio and New York, and collecting cash which he would hand off to his brother or others for transport to Mexico.

Mella testified at a hearing in March on a motion to suppress Armando Moya's statements and evidence acquired from his cell phone that Armando Moya volunteered to show him exchanges via WhatsApp between him and a principal, "Don Roberto," in the trafficking operation. Moya allegedly identified specific terms Don Roberto used to refer to the various locations, such as torres, the Spanish word for towers, for New York. The Spanish phrase for "sweep the trash" was allegedly used by Don Roberto when Armando Moya was to collect bulk cash and "comida," the Spanish word for food, allegedly was used by Don Roberto to refer to bundles of drugs.

Craven's report points out that Armando Moya made, "inconsistent statements during his testimony," at the hearing in March. The report notes as well that while Armando Moya denied ever traveling to some of the sites he allegedly told Mella he delivered cash and/or collected bundles of drugs, agents testified that cell phone tower records clearly place Armando Moya's cell phone in those locations.

"In viewing the testimony, the court finds the government witnesses are telling the truth and defendant is not," Craven's report states.

Craven did not find any evidence to support Armando Moya's argument that he was terrified of the agents and so feared that they would harm his family he felt coerced to provide information.

Armando Moya is represented by Texarkana lawyer Jeff Harrelson. Harrelson recently filed an objection to Craven's report asking that U.S. District Judge Robert Schroeder III independently review the case and rule on the motion.

The case is currently scheduled for jury selection June 17 before Schroeder in Texarkana's downtown federal building. Assistant U.S. Attorney Jonathan Hornok is prosecuting the case which is pending in the Texarkana Division of the Eastern District of Texas.

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