Oakland Resident Pleads Guilty To Distributing Fentanyl And Methamphetamine In San Francisco’s Tenderloin District

SAN FRANCISCO – Elio Hernandez-Zuniga pleaded guilty in federal court today to three counts of drug distribution in San Francisco’s Tenderloin District, including two counts of possessing with intent to distribute 40 grams and more of fentanyl and a third count of distributing 50 grams and more of methamphetamine, announced U.S. Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Special Agent in Charge Bob P. Beris. The plea agreement was accepted by the Honorable Charles R. Breyer, Senior United States District Judge. 
 
In his plea agreement, Hernandez-Zuniga, 25, of Oakland, admitted that he has been involved in distributing drugs in the Tenderloin district since at least May of 2022. Hernandez-Zuniga’s plea agreement describes six transactions that occurred between May 26, 2022, and July 27, 2022; in each case, Hernandez-Zuniga communicated with a customer that, unbeknownst to Hernandez-Zuniga, was an SFPD officer working in an undercover capacity (“the UC”). Hernandez-Zuniga sold drugs to the UC on multiple occasions. For example, on June 7, 2022, the UC contacted Hernandez-Zuniga and arranged to purchase $100 worth of methamphetamine and $100 worth of fentanyl. That afternoon, the UC met Hernandez-Zuniga on the 800 block of Geary Street in the Tenderloin and handed Hernandez-Zuniga $200 in exchange for a bag containing 10 individually wrapped rocks of methamphetamine. After the UC reminded Hernandez-Zuniga that he wanted $100 worth of fentanyl, the defendant said he could “make it up” to the UC next time. Then, after the UC began to walk away, Hernandez-Zuniga caught up to the UC and said he (Hernandez-Zuniga) could get the remaining $100 worth of what he owed. A few minutes later, Hernandez-Zuniga handed the UC $100 worth of methamphetamine in a plastic bag. Similarly, on July 6, 2022, Hernandez-Zuniga agreed to sell the UC two ounces of fentanyl for $1,500 the next day. On July 7, 2022, the UC drove a vehicle and parked at the southeast corner of Post and Larkin Streets. Hernandez-Zuniga approached and entered the UC’s vehicle. Hernandez-Zuniga handed the UC two large bags containing approximately 56.8 grams of fentanyl and, in exchange, the UC handed Hernandez-Zuniga $1,500. 

The plea agreement also described the results of arrest and search warrants that law enforcement officers executed on Hernandez-Zuniga, his residence, and his vehicle on August 4, 2022. In sum, officers found in Hernandez-Zuniga’s possession 162.2 gross grams of fentanyl, 180 gross grams of methamphetamine, 120.7 gross grams of cocaine base, 35.3 gross grams of heroin, $2,100 in cash, packaging materials, and multiple digital scales. Hernandez-Zuniga admitted that he possessed the drugs with the intention of distributing them to others and acknowledged that the cash was the proceeds of drug sales. 

On August 17, 2022, a federal grand jury handed down an indictment charging Hernandez-Zuniga with six counts of possession with intent to distribute drugs. The six counts included one count each of possession with intent to distribute, and distribution of, methamphetamine and fentanyl, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(c); two counts of possession with intent to distribute, and distribution of, 40 grams and more of fentanyl, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(vi); and two counts of possession with intent to distribute, and distribution of, 50 grams and more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii). Pursuant to today’s plea agreement, Hernandez-Zuniga pleaded guilty to both counts of distributing 40 grams and more of fentanyl, and one of the counts of distributing 50 grams and more of methamphetamine. If Hernandez-Zuniga complies with the agreement, the remaining counts will be dismissed at sentencing.

Judge Breyer scheduled Hernandez-Zuniga’s sentencing for April 5, 2023. Hernandez-Zuniga faces a statutory maximum prison term of 40 years and a statutory minimum prison term of five years for each of the three counts for which he has pleaded guilty. In addition, Hernandez-Zuniga faces a minimum term of four years of supervised release and a maximum fine of $5 million for each of the three counts. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Hernandez-Zuniga remains in custody pending sentencing.

Assistant U.S. Attorney Kevin Yeh is prosecuting this case with assistance from Mimi Lam. This case is the result of an investigation by the DEA with assistance from the San Francisco Police Department.