BOSTON – A repeat convicted felon has been charged for allegedly possessing a firearm and multiple rounds of ammunition and fentanyl intended for distribution.
Francisco Gabriel Diaz, 31, of Boston, was charged with one count of possession with intent to distribute 40 grams or more of fentanyl and one count of being a felon in possession of a firearm. Following an initial appearance today before U.S. District Court Magistrate Chief Judge M. Page Kelley, Diaz was detained pending a probable cause hearing scheduled for Dec. 30, 2021.
According to the charging documents, on June 24, 2021, a search of the residence where Diaz was staying resulted in the recovery of a black Taurus G2S 9mm firearm, a 9mm magazine containing seven live 9mm rounds, a 9mm magazine containing one live 9mm round, over 40 grams of fentanyl, several plastic bags containing crack cocaine, a box of sandwich bags and a digital scale. Diaz is prohibited from possessing a firearm due to four previous felony convictions: a May 2020 conviction for possession of cocaine base; an October 2017 conviction for possession with intent to distribute a Class B Substance; an April 2017 conviction for possession with intent to distribute a Class A Substance and Class B Substance; and a January 2014 conviction for assault with a dangerous weapon. Diaz was on federal supervised release for the May 2020 cocaine conviction at the time of the search.
The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division. Assistant U.S. Attorney Benjamin A. Saltzman of Mendell’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.