United States of America v. Andy Clay Cruz

San Francisco, California, criminal defense lawyer represented the Defendant charged with one count of possession with intent to distribute 40 grams or more of fentanyl and one count of failure to appear before a court as required by conditions of release.

Andry Cruz, 40, who previously resided in Oakland, was initially charged by complaint on Oct. 11, 2023, and by indictment on October 25, 2023, on drug charges. On November 6, 2023, Cruz was released on bond. Around February 2024, Cruz absconded. As a result, he was separately indicted by a federal grand jury on April 2, 2024, for failure to appear in court and contempt of court. On May 6, 2025, Cruz was located and arrested. On January 29, 2026, Cruz was charged by a superseding information on drug charges.

On March 25, 2026, Cruz pleaded guilty to According to court documents and proceedings, Cruz has been selling drugs in San Francisco and elsewhere since 2008. In 2023, officers observed Cruz engage in a suspected drug transaction in the Tenderloin District of San Francisco, which led to his arrest and a search of his person. That search uncovered multiple suspected controlled substances. Officers have also observed Cruz conduct several additional suspected drug transactions from his car, as well as suspected drug transports throughout the San Francisco Bay Area. On October 5, 2023, officers executed a search warrant at Cruz’s residence, and searched his car and person, recovering nearly one kilogram of fentanyl, 76 grams of heroin, and 25 grams of methamphetamine, as well as drug paraphernalia.

Cruz has remained in custody since his most recent arrest and was remanded into custody following sentencing. In addition to the term of imprisonment, Judge Breyer ordered Cruz to serve four years of supervised release to begin after his prison term is completed.

Assistant United States Attorney Kevin Yeh prosecuted the case. The prosecution is the result of an investigation by the DEA.

The Court sentenced the defendant to the Bureau of Prisons for a term of 96 months. This sentence will run concurrent with CR23-0386 CRB. Defendant placed on Supervised Release for a term of 4 years under the standard conditions and special conditions. Defendant shall pay a special assessment of $100. The Court finds the defendant does not have the ability to pay a fine and the fine is waived