Honduran National Sentenced To Three Years In Federal Prison For Illegal Reentry And Controlled Substance Offenses

SAN FRANCISCO – Erlan Eduardo Cruz-Acosta was sentenced today to 36 months in federal prison for illegal reentry following removal, distribution of methamphetamine, and possession with intent to distribute fentanyl.  Senior U.S. District Judge William H. Orrick handed down the sentence.

Cruz-Acosta, 41, a national of Honduras, was indicted by federal grand juries on March 30, 2022, and Feb. 8, 2024.  On Nov. 7, 2024, Cruz-Acosta pleaded guilty to one count each of illegal reentry following removal, distribution of methamphetamine, and possession with intent to distribute fentanyl.

According to the plea agreement, Cruz-Acosta was convicted in 2006 of taking indecent liberties with a child in Fairfax County, Virginia, for which he was sentenced to two years in prison and then later sentenced to three months for violating his probation by absconding.  In 2008, Cruz-Acosta was deported from the United States.  He returned to the United States that same year.  In 2009, Cruz-Acosta was convicted in San Francisco Superior Court of selling a controlled substance and sentenced to 42 days in custody.  He was convicted in federal district court of illegal reentry following deportation in violation of 8 U.S.C. § 1326, and was sentenced in April 2009 to 18 months in federal prison.  Thereafter, he was again deported from the United States in June 2010.  Cruz-Acosta again illegally entered the United States in March 2014.  Two months later, in May 2014, he was convicted in federal district court in Arizona of illegal reentry of a removed alien, sentenced, and deported a third time.  

Sometime after his removal in July 2016, Cruz-Acosta reentered the United States and was found in the United States on or about June 22, 2021.

Cruz-Acosta also admitted that in November 2023, he knowingly distributed 7.8 gross grams of methamphetamine in the Tenderloin district of San Francisco.  He further admitted to possessing approximately 29.7 grams gross weight of a substance containing fentanyl, 26.4 grams gross weight of cocaine base, 8.9 grams gross weight of cocaine salt, and 4.9 grams gross weight of heroin, along with various denominations of U.S. currency, a digital scale, and a machete.  

United States Attorney Craig H. Missakian, DEA Special Agent in Charge Bob P. Beris, and ICE Field Office Director Sergio Albarran made the announcement.

In addition to the prison term, Judge Orrick also sentenced the defendant to a three-year period of supervised release and ordered him to forfeit $358 in U.S. currency, a digital scale, a machete, and a machete sheath.  The defendant was immediately remanded into custody.

Special Assistant U.S. Attorneys Christine Chen and Eli J. Cohen and Assistant U.S. Attorney Alethea Sargent prosecuted the case with the assistance of Alycee Lane.  The prosecution is the result of investigations by the DEA and ICE.