U.S. District Judge Charles Breyer ruled that prosecutors hadn’t proved that Roberto Acosta’s alleged lie was material, or relevant, to actions by his handlers in U.S. Immigration and Customs Enforcement.

The Honduran-born Acosta, whose gang nicknames were “Zorro” and “Little Bad Boy,” became an informant and infiltrated a San Francisco branch of the MS-13, or Mara Salvatrucha, gang between 2005 and 2008.
His reports contributed to the federal indictments of a total of 34 Bay Area MS-13 members and associates in 2008 and 2009 on charges including racketeering conspiracy and murder conspiracy.

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