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SAN FRANCISCO – Marvin Gustavo Benegas-Castro was sentenced today to 62 months in prison for possessing with the intent to distribute heroin announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration (DEA) Special Agent in Charge John J. Martin. The sentence was handed down by the Honorable William H. Alsup, U.S. District Judge, following the entry of Benegas-Castro’s guilty plea to the charges on January 23, 2018.
The San Francisco Police Department (SFPD) began its investigation into Benegas-Castro, 32, a Honduran national residing in Oakland, after seeing what they believed was Benegas-Castro selling heroin in San Francisco’s Civic Center Plaza. According to his plea agreement, Benegas Castro admitted that on August 31, 2017, he was arrested by SFPD officers for possessing with the intent to distribute illegal drugs. Specifically, Benegas-Castro admitted he was carrying baggies and bindles of heroin weighing over 35 grams and an additional 15 baggies of methamphetamine weighing over 9 grams. At Benegas-Castro’s apartment, officers found baggies and bindles of heroin weighing over 471 grams, $3,572 in cash, a digital scale, plastic baggies, more methamphetamine, and cocaine. Benegas-Castro admitted that on the day of his arrest, he knowingly possessed with the intent to distribute more than 100 grams of heroin.
On November 14, 2017, a federal grand jury indicted Benegas-Castro charging him with one count of distribution and possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); one count of possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(i); and one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). Pursuant to his guilty plea, Benegas-Castro pleaded guilty to the second heroin charge; the remaining charges were dismissed.
In addition to the prison term, Judge Alsup ordered Benegas-Castro to serve a five-year period of supervised release. Benegas-Castro is currently in custody and will begin serving his sentence immediately.
Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the DEA and the San Francisco Police Department.