Report: Danton files suit, wants sentence thrown out

Updated: November 29, 2005, 11:25 PM ET
ESPN.com news services

Mike Danton is seeking to have his prison sentence thrown out.

Mike Danton
Danton

Danton, the former St. Louis Blues player who admitted plotting to kill his agent, filed suit Nov. 18 in federal court in East St. Louis seeking to have his prison sentence vacated, the St. Louis Post-Dispatch reported.

In the suit, Danton, 25, claims that the Department of Justice hasn't kept its part of the plea bargain by incarcerating him in New Jersey instead of his native Canada, as he had requested.

Prosecutors had agreed not to oppose his request to serve most of his 7½-year sentence in Canada. However, the agreement didn't guaranteed a transfer, nor did it set a timetable for a transfer.

In his suit, Danton asked that a judge free him pending resentencing. According to the Post-Dispatch, no hearing on the request has been scheduled.

The U.S. Attorney's Office in Fairview Heights, Ill., a suburb of St. Louis, declined comment to the Post-Dispatch.

Danton has been in custody since his arrest in April 2004. In July of that year, he pleaded guilty to conspiring to kill David Frost, his agent and mentor. Frost was not harmed.