Federal Jury Convicts Oakland Man of Distributing Cocaine and Conspiring to Distribute Cocaine

SAN FRANCISCO—A federal jury has convicted an Oakland man, Mauricio Aguilera, age 45, of one count of possessing cocaine with intent to distribute it and distributing it and one count of conspiracy to distribute cocaine, United States Attorney MELINDA HAAG announced. The guilty verdict on Wednesday, January 18, followed a five-day jury trial before Senior U.S. District Court Judge Charles B. Breyer in San Francisco.

The evidence at trial showed that, on March 15, 2009, Aguilera drove from Oakland to Novato and delivered approximately three kilograms of cocaine to Marin County drug distributor David Morgan. Law enforcement officers observed Aguilera drive to a residence in Novato and monitored wiretaps on two telephones used by Aguilera. The following day, a search warrant was executed in Novato, the three kilograms of cocaine and other drugs were recovered, and Morgan, who was on site, was arrested. Aguilera was arrested on November 4, 2009. Additional evidence at trial established that Aguilera had supplied Morgan with cocaine over a several-year period and that Aguilera was part of a long-running cocaine distribution conspiracy.

The conviction results in a mandatory minimum prison sentence of 10 years and a maximum of life. The government filed an information before trial under Title 21 United States Code section 851 alleging a prior felony drug offense conviction that may increase Aguilera’s mandatory minimum prison sentence to 20 years. Aguilera’s sentence will be determined at his April 25, 2012, sentencing hearing before Judge Breyer. Morgan, who pleaded guilty on October 29, 2009, to the sole count of conspiracy to distribute cocaine is currently scheduled to be sentenced on February 29, 2012. Pursuant to his plea agreement, Morgan forfeited to the government $491,951.00 seized on March 16, 2009. Aguilera and Morgan’s sentences will be decided by the Court after consideration of federal sentencing statutes and guidelines.

Immediately following the trial, Aguilera was remanded to the custody of the U.S. Marshal and will remain in federal custody until his April 25, 2012, sentencing before Judge Breyer in San Francisco.

Tom Colthurst and Ben Tolkoff are the Assistant U.S. Attorneys who prosecuted the case, with the assistance of paralegal Michelle Alter and legal technicians Jacquelyn Lovrin and Nina Burney. The prosecution is the result of a three-year investigation by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), U.S. Immigration and Customs Enforcement (ICE) ,Oakland Police Department, Marin County Sheriff’s Office, Alameda Police Department, Alameda County Narcotics Task Force, South Alameda County Narcotics Task Force, Contra Costa County Sheriff’s Office, San Pablo Police Department, Alameda County Sheriff’s Office, San Leandro Police Department, the San Francisco Police Department, and the California Department of Justice/Bureau of Narcotics Enforcement. The investigation is part of this district’s Organized Drug Enforcement Task Force (OCDETF) program.