Massachusetts repeat convicted felon indicted on drug and firearm charges while on supervised release

BOSTON – A repeat convicted felon has been indicted by a federal grand jury for allegedly possessing a firearm, multiple rounds of ammunition and fentanyl intended for distribution while on federal supervised release.

According to the Massachusetts Department of Justice, 32-year-old Francisco Gabriel Diaz was indicted on one count of possession with intent to distribute 40 grams or more of fentanyl, one count of being a felon in possession of a firearm and ammunition and one count of possession of a firearm in furtherance of a drug trafficking offense. Diaz was charged by criminal complaint in December 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 prior felony convictions, including an October 2017 conviction for possession with intent to distribute a Class B Substance. Diaz was on federal supervised release 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. The charge of possession of a firearm in furtherance of a drug offense provides for a sentence of at least five years and up to life in prison and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement. Assistance was provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Boston Police Department. Assistant U.S. Attorney Benjamin A. Saltzman of Rollins’ Criminal Division is prosecuting the case.