Bail FailU.S. District Court

Illegal alien with a dozen drug dealing arrests in San Francisco faces federal prosecution

A man arrested a dozen times in five years for drug dealing in San Francisco appeared in federal court today charged with a battery of narcotics offenses, in a prosecution that appears to represent something of a lifetime achievement award for the Honduran national.

Prosecutors say Kevin Martinez-Cruz, has “a near continual history of contact with law enforcement in San Francisco’s Tenderloin for drug dealing” since January 2018.

The 28-year-old has four extant ‘stay away’ orders from various parts of the city.

Federal officials combed through 15 of his San Francisco Superior Court cases and selected three of them to proceed with in U.S. District Court – one dismissed by the district attorney’s office ‘in the interests of justice’, one that has been ‘pending’ since March 2023, and another dismissed because a witness – likely a police officer – was unavailable.

The federal complaint was filed by SFPD Sgt Domenico Discenza who, wearing a ‘second hat’ as a task force officer of the Drug Enforcement Administration, is able to take action against illegal alien offenders that is likely to result in their deportation.


The complaint says that, on August 3 2022, Martinez-Cruz was arrested by SFPD officers in the city’s Mission district and found to have fentanyl, methamphetamine and $710 cash

On March 17 2023 SFPD arrested him again, this time in the Tenderloin neighborhood, with fentanyl, methamphetamine and cocaine.

And on New Year’s Eve 2023, on Market Street, SFPD arrested him once more and he was found to have fentanyl, methamphetamine and $519 cash.

He is charged with six counts of possession with intent to distribute various quantities of fentanyl and methamphetamine.

Prosecutors also allege that Martinez-Cruz has twice “tampered with or removed a court-ordered GPS device from his ankle” which led to San Francisco Sheriff’s Office to request warrants for his arrest in 2023 and 2024.

In one of these cases Martinez-Cruz fled from Sheriff’s staff when they tried to do a compliance check on him on August 1 2023, leading them to apply to the court for an arrest warrant. He was released again with an ankle monitor which he subsequently removed.


Appearing today before U.S. Magistrate Judge Sallie Kim at San Francisco federal courthouse, Martinez-Cruz decided to forgo an attempt to seek pretrial release.

“We’ll today waive the right to a detention hearing,” Martinez-Cruz’ attorney Ned Smock told the court.

“If we come up with more information and a potential surety we’ll come back before the court but, today, we waive the detention hearing.”

Judge Kim ordered Martinez-Cruz to appear next before U.S. District Judge Charles Breyer on January 22 2025.

The case continues.

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