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Date: 04-20-2019

Case Style:

United States of America v. Diego Alejandro Aguilar

Case Number: 5:18-cr-00275-LHK

Judge: Lucy H. Koh

Court: United States District Court for the Northern District of California (Santa Clara County)

Plaintiff's Attorney: Jeb Nedrow and Suan Kreider

Defendant's Attorney: Peter Alan Leeming


San Jose, CA - South Bay Resident Sentenced To 70 Months In Prison For Illegally Trafficking Guns And Drugs

Diego Alejandro Aguilar was sentenced today to 70 months in prison for possessing with the intent to distribute methamphetamine and selling firearms without a license, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Rayfield Roundtree. The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge.

Aguilar, 25, of Seaside, Calif., pleaded guilty to the charges on December 12, 2018. According to his plea agreement, Aguilar admitted that between February 2018 and May 2018, he knowingly sold methamphetamine and engaged in the business of selling firearms in Seaside. The plea agreement describes seven occasions on which Aguilar sold methamphetamine. For example, on February 22, 2018, Aguilar sold approximately 108.5 grams of methamphetamine for $1,200 and on May 2, 2018, Aguilar sold approximately 82.3 grams of methamphetamine for $1,000. During the same period, Aguilar also sold ammunition and two firearms—a .357 Ruger revolver and a Springfield Armory XD-9 9mm pistol. In sum, Aguilar admitted he sold more than 535 grams of methamphetamine and received more than $7,500 for the guns and drugs.

On June 21, 2018, a federal grand jury indicted Aguilar, charging him with seven counts of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and one count of selling firearms without a license, in violation of 18 U.S.C. § 922(a)(1)(A). Aguilar pleaded guilty to one count of each crime. The remaining counts were dismissed.

In addition to the prison term, Judge Koh also sentenced Aguilar to serve three years of supervised release that will begin after his prison term has been served. Judge Koh ordered Aguilar to surrender by June 12, 2019, to begin serving his prison term.

The prosecution is the result of an investigation by the ATF.


21:841(a)(1) - Possession of Methamphetamine with Intent to Distribute

18:922(a)(1)(A) - Engaging in the Business of Selling Firearms Without a License

Outcome: 21:841(a)(1) - Possession of Methamphetamine with Intent to Distribute
(1) 70 Months BOP Custody, 5 years Supervised Release, Special Assessment fee of $200, Fine is Waived
18:922(a)(1)(A) - Engaging in the Business of Selling Firearms Without a License
(8) 60 Months of BOP Custody to Run Concurrently, 3 years of Supervised Release to Run Concurrently

JUDGMENT in a Criminal Case as to Diego Alejandro Aguilar. Signed by Judge Lucy H. Koh on 4/18/2019. (kedS, COURT STAFF) (Filed on 4/18/2019) (Entered: 04/18/2019)

Plaintiff's Experts:

Defendant's Experts:


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