Judge sends mother of five to prison

A Chula Vista woman who was convicted of smuggling the opioid painkiller fentanyl, methamphetamine, and heroin into the U.S. has been sentenced to 10 years in federal prison.

Graciela Potenciano, 43, was found guilty by a jury on July 28 of importation of fentanyl, meth, and heroin. She was arrested May 24 when she drove her car into the San Ysidro Port of Entry from Mexico and U.S. Customs and Border Protection officers discovered the drugs.

The drugs were found in a spare tire. The seized fentanyl retail value was estimated at $510,000 as it weighed 26 pounds, according to the U.S. Attorney’s office. The 10 pounds of methamphetamine was valued at $80,000. There was approximately six pounds of heroin valued at $78,840.

U.S. District Court Judge Roger Benitez remarked about the dangers of fentanyl and how it was related to multiple overdoses.  He could have sentenced Potenciano to a maximum 20 years in prison, although the prosecutor recommended 121 months, one more month than she received.

“Fentanyl remains an extremely dangerous public safety threat,” said U.S. Attorney Laura Duffy in a statement.
“I continue to be alarmed by the number of fentanyl seizures we are seeing at our borders, which can only mean more tragic deaths if users don’t wake up and take these warnings to heart,” said Duffy.

The U.S. Attorney’s office said fentanyl is produced in clandestine laboratories, it can be 100 times more potent that morphine. Inhalation of fentanyl or absorption of it through the skin can be fatal.

Potenciano’s attorney, R. Deke Falls, recommended five years, saying she only acted as a courier. Potenciano claimed at trial she did not know the drugs were in her vehicle and that someone she knew had access to her car trunk. She also told agents she didn’t know the drugs were there.

Potenciano had no criminal record. Her five children are living now with her mother, according to court records. Three of her minor children were in the car when she drove into the port of entry.

When Potenciano told agents she had nothing to declare at the port of entry and that her destination at 4 p.m. was Chula Vista, an officer inspected the vehicle. An officer noticed sand around the rim of the spare tire as well as fingerprints and that it tapped unusually hard.

The officer requested a canine inspect the vehicle, and the dog alerted to the spare tire. Agents discovered eight packages of the drugs that were wrapped and protected by green foam.

Potenciano has filed an appeal of her sentence.

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