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Date: 02-21-2024
Case Style:
Case Number: 3:23-CR-0002
Judge: Charles R. Breyer
Court: The United States Court for the Northern District of California
Plaintiff's Attorney: The United States Court in San Francisco
Defendant's Attorney:
Description:
Defendant, a Citizen of Honduras, Regularly Sold Drugs in the Tenderloin and Was Arrested Outside His Berkeley Stash House with Nearly 15 Pounds of Fentanyl
Melvin Alexis Diaz Arteaga (Diaz), a resident of Oakland, was sentenced to 78 months in federal prison following his conviction last year on six drug charges relating to his sale of—and intent to sell—fentanyl, methamphetamine, heroin, and cocaine in the Tenderloin district of San Francisco, announced United States Attorney Ismail J. Ramsey. The sentence was imposed by the Hon. Charles R. Breyer, Senior United States District Judge.
Diaz, 30, a citizen of Honduras, pleaded guilty in October 2023 to charges including conspiracy to distribute fentanyl, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A)(vi); possession with intent to distribute fentanyl, heroin and cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(vi), (b)(1)(B)(i)–(ii); and distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii), (b)(1)(C).
In his plea agreement, Diaz admitted he possessed 6.6 kilograms—that is, nearly 15 pounds—of fentanyl, along with lesser quantities of methamphetamine, heroin, cocaine, and other controlled substances, all of which he intended to sell, when he was arrested outside an apartment in Berkeley, California, on November 16, 2022. He also admitted that he (i) used that Berkeley apartment to manufacture and store significant quantities of drugs for sale in the Tenderloin, among other locations; and (ii) sold, or arranged the sale of, fentanyl and methamphetamine to an undercover officer of the San Francisco Police Department (SFPD) on four separate occasions between September 16, 2022, and October 5, 2022.
According to the government’s sentencing memorandum, officers found two firearms, cash, and drug manufacturing and processing equipment inside the stash house, in addition to the drugs themselves. In addition, the government’s sentencing memorandum says, officers determined that Diaz traveled from his residence in Oakland to the Tenderloin every night between October 13, 2022, and November 11, 2022. As part of his regular commute, Diaz typically picked up his co-defendant at another location in the East Bay and the two men then stopped by their Berkeley stash house to pick up drugs before heading into San Francisco to sell those drugs on the streets of the Tenderloin.
“By his own admission, this defendant had access to a staggering quantity of fentanyl, which he repeatedly sold in the Tenderloin,” said United States Attorney Ismail J. Ramsey. “Today’s sentencing should serve as a warning to those who regularly sell dangerous drugs on our streets: you will not escape justice. I am proud of the work being done by this Office and by our federal and local law enforcement partners to ensure that fentanyl dealers operating throughout this District, and particularly in the Tenderloin, are held to account.”
Pursuant to the plea agreement, Diaz agreed to forfeit, among other things, more than $50,000 in cash that officers seized on the night of his arrest, including nearly $42,000 found in Diaz’s bedroom. Diaz acknowledged these funds either were, or were derived from, drug proceeds, or that they were used, or were intended to be used, to commit or facilitate his drug trafficking crimes.
Diaz and two co-defendants were indicted by a federal grand jury on January 5, 2023. Diaz was charged in six of the eight counts alleged in the indictment.
In addition to sentencing Diaz to prison, Judge Breyer ordered the defendant to serve four years of supervised release to begin after his prison term is completed. Diaz has been in custody since he was arrested on November 16, 2022, and he was remanded into custody following his sentencing today.
Assistant United States Attorney Nicholas M. Parker is prosecuting the case with the assistance of Jessie Chelsea. The prosecution is the result of an investigation by the Drug Enforcement Administration, with assistance from SFPD.
Outcome:
Plaintiff's Experts:
Defendant's Experts:
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