Dayton Sex Offender Sentenced For Illegal Re-entry Into U.S.

DAYTON – Fausto Osuna-Cruz Jr., 27, was sentenced to a total of 88 months in prison for illegal reentry into the United States following deportation, and for violating supervised release for a prior conviction of illegal reentry.  Cruz is also a convicted sex offender.

Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, and Field Office Director Rebecca Adducci, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) announced the sentence imposed today by U.S. District Judge Timothy Black.

According to court documents, on August 28, 2013, HSI agents found Cruz in the Montgomery County Jail.  Cruz was in the jail because he had been arrested on local charges stemming from an altercation.  Cruz is a citizen of Mexico. Cruz had been previously deported and removed by immigration authorities from the United States on or about January 28, 2009 and again on February 6, 2012. Furthermore, as of August 28, 2013, Cruz had not obtained permission from either the United States Attorney General or the Secretary for Homeland Security to reapply for readmission to the United States following his deportation and removal.

Prior to his deportations and removals, Cruz was convicted of aggravated felony offenses punishable by greater than a year imprisonment, specifically on or about July 22, 2008 for unlawful sexual conduct with a minor in Clinton County, Ohio and again on or about September 17, 2010 for illegal reentry of removed alien-removal subsequent to conviction for commission of aggravated felony in federal court.  He was sentenced then to serve 24 months imprisonment for the 2010 federal illegal reentry offense, and he was released in 2012 and deported to Mexico, after which he promptly returned illegally.  Today’s sentence includes 70 months imprisonment on the new illegal reentry charge, followed by 18 months imprisonment for violating the terms of his supervised release stemming from his prior federal illegal reentry conviction.

U.S. Attorney Stewart acknowledged the investigation by ERO, as well as Assistant U.S. Attorneys Andrew Hunt and Vipal Patel, who prosecuted the case.
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