A New Boston, Texas, man accused of conspiring to traffic heroin and fentanyl from Mexico to the U.S. wants statements he made after his arrest ruled off limits at his upcoming trial.
Armando Moya, 47, was indicted in June of last year for conspiracy to traffic more than a kilogram of heroin in the Texarkana Division of the Eastern District of Texas. In November, the government issued a superseding indictment alleging conspiracy to traffic heroin and fentanyl and of carrying a firearm in furtherance of a drug trafficking offense last year.
The case is scheduled for jury selection April 1 before U.S. District Judge Robert Schroeder III in Texarkana's downtown federal building. Moya's lawyer, Jeff Harrelson of Texarkana, filed a motion Wednesday seeking to suppress any statements Moya made to federal agents during an interrogation following his arrest.
The motion complains that Moya's statement was not voluntarily given and that he wasn't properly advised of his rights.
"Any statement taken during said interrogation was the result of coercion, physical intimidation, and/or unauthorized promises of leniency by members of law enforcement and are, therefore, involuntary and inadmissible for any purpose," the motion states.
A hearing to address the motion is scheduled for March 12 before U.S. Magistrate Judge Caroline Craven.
Moya is currently free on a $10,000 unsecured appearance bond. Craven released Moya in July following a detention hearing at which a large number of supporters from his family and church sat in support.
Harrelson argued at the hearing that Moya's ties to the New Boston community are strong, noting that he has lived in the same home for about 20 years and has been married for decades. The government opposed Moya's release, noting that he has relatives, including his father, a sister and two brothers, living in Mexico. A DEA agent testified at the detention hearing that investigators believe Moya was acquiring illicit drugs from his brother in Mexico and bringing them into the U.S.
If convicted of conspiracy to possess with intent to distribute and distribution of heroin and fentanyl over one kilo, Moya could face up to life in prison, a fine up to $10,000,000 or both. The punishment range for the alleged conspiracy decreases if Moya is found to have possessed a lesser amount.
If found guilty of carrying a firearm in furtherance of a drug trafficking offense, Moya faces five years to life in prison and a fine up to $250,000. Any sentence imposed for the weapons offense must be served consecutively to any sentence imposed on an underlying drug conviction.