OAKLAND - Esmun Moyses Moral-Raudales and Omar Zelaya appeared in federal court today to face charges each was engaged in a separate scheme to distribute drugs, including fentanyl and methamphetamine, in the Tenderloin District of San Francisco. The announcement was made by United States Attorney Ismail J. Ramsey and U.S. Drug Enforcement Administration Acting Special Agent in Charge Bob P. Beris. The indictments against the defendants were unsealed by U.S. Magistrate Judge Lisa J. Cisneros during today’s proceedings.
On March 7, 2023, a federal grand jury returned two indictments, one against Moral-Raudales, 27, and another against Zelaya, 26, both of Oakland. The government requested that the court detain both defendants.
According to documents filed by the government in connection with its request to detain Moral-Raudales prior to trial, Moral-Raudales used a vehicle to commute back and forth from Oakland to his favored selling location in the Tenderloin. On Jan. 17, 2023, Moral-Raudales allegedly sold fentanyl to an undercover officer in the Tenderloin. Law enforcement officers allegedly attempted to arrest Moral-Raudales on March 16, 2023, after he exited his residence in Oakland. Moral-Raudales allegedly tossed his backpack and fled but was eventually apprehended. The government argues that Moral-Raudales possessed-in his residence, car, backpack and on his person-over 3400 grams of suspected fentanyl (3205 grams of which was in powder form), over 50 grams of suspected methamphetamine, equipment for mixing and coloring fentanyl, over $10,000 in cash, and a “ghost gun." At the time of his arrest, Moral-Raudales was on supervised release, having been previously convicted of a federal felony offense in July 2020.
Moral-Raudales is charged with three counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1). The first count alleges he distributed methamphetamine to an undercover officer in the Tenderloin on Jan. 10, 2023; the second count alleges he distributed methamphetamine to an undercover officer in the Tenderloin on February 7, 2023, and the third count alleges he distributed fentanyl to an undercover officer in the Tenderloin on February 7, 2023.
As for Zelaya, undercover officers used text messages to contact the defendant by cell phone and arrange a meeting that was to take place on March 16, 2023. On that day, law enforcement officers allegedly observed Zelaya leave his residence and walk in the direction of the agreed-upon location. When officers attempted to arrest Zelaya, he fled and resisted arrest but was eventually apprehended. Zelaya allegedly tossed two bags of suspected narcotics as he ran from the officers. The two bags of contained over 100 grams of fentanyl and over 50 grams of methamphetamine. Zelaya is charged with five counts of distribution of a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C)- three counts pertain to the alleged distribution of fentanyl, one count pertains to the alleged distribution of cocaine, and one count pertains to the alleged distribution of methamphetamine.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, each defendant faces a maximum of twenty years in prison for each count pending against him (five counts are pending against Zelaya and three counts are pending against Moral-Raudales). In addition, for each count, the court may order the defendant to serve up to a lifetime of supervised release and to pay a fine of up to one million dollars. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Moral-Raudales’s next federal court appearance is scheduled for May 8, 2023, before Hon. James Donato, U.S. District Judge, for a status conference. Zelaya’s next federal court appearance is scheduled for April 11, 2023, before Hon. William Alsup, U.S. District Judge, for a status conference.
Assistant U.S. Attorney George Hageman is prosecuting the case against Moral-Raudales with the assistance of Erick Machado. Special Assistant United States Attorney Anna Nguyen is prosecuting the case against Zelaya with the assistance of Amala James and Laurence Macaraeg. Both prosecutions are the result of investigations by the DEA.
Source: U.S. Department of Justice, Office of the United States Attorneys