SACRAMENTO : A federal grand jury returned a two-count indictment today against Leobardo Gerardo Anaya, 28, of Richmond, charging him with distributing and possessing with intent to distribute fentanyl, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Aug. 26, 2020, Anaya sold approximately 100 counterfeit oxycodone hydrochloride pills to a confidential source who was working with law enforcement. The blue pills were stamped with “M30.” Subsequent testing revealed that these pills were laced with fentanyl, a Schedule I controlled substance. On Jan. 13, 2021, law enforcement officers stopped Anaya’s vehicle in Stanislaus County for speeding. Approximately 2,000 more M30 pills, which also tested positive for fentanyl, were found in his vehicle.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, and the Stanislaus County District Attorney’s Office. Assistant U.S. Attorney Aaron D. Pennekamp is prosecuting the case.
If convicted of possession with intent to distribute over 40 grams of fentanyl, Anaya faces a mandatory minimum penalty of five years in prison and a maximum of 40 years in prison and a fine of up to $5 million. If convicted of distribution of fentanyl, Anaya faces a maximum penalty of 20 years in prison and a fine of up to $1 million. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.