Three years after his brothers went to prison for drug trafficking, Cesar Cervantes-Jimenez was sentenced to 30 months for the same offense.
District Judge Michael Gibbons gave the 26-year-old defendant credit for 172 days in custody in Douglas County and Washoe County where he was arrested for a traffic offense.
Cervantes-Jimenez initially was charged with his brothers Oscar, 23 and Tarcisi, 30, for trafficking in methamphetamine after a September 2004 transaction at the Target parking lot, one of three deals which involved the family.
Oscar and Tarcisi were sentenced in November 2004, but Cesar was not arrested until April 17, 2007, in Washoe County.
He has been in custody since that date.
Gibbons said he must serve 12 months before he is eligible for parole.
At their sentencing, the brothers claimed Cesar was the most responsible for a drug transaction to a confidential informant in the Target parking lot.
His lawyer, Derrick Lopez, argued Monday that the opposite was true.
He claimed Cesar was following Tarcisi's orders.
"In Cesar's family, you don't tell your older brother what to do," Lopez said.
He said Cesar Cervantes-Jimenez was the only brother who entered the country legally and, therefore, was able to purchase a cell phone used in the transactions. His wife is a U.S. citizen.
But, Lopez said, he is unsure of his client's status since then.
His brothers were deported after they served their sentences. Speaking through an interpreter, Cervantes-Jimenez asked for leniency.
"This happened three years ago. I was present at one of the buys. I handed over the drugs. I think I learned my lesson. This will never happen again," he said.
"I have lost a lot. I lost my two brothers. I am in jail. I have a 5-year-old son and my wife is seven months pregnant. I will lose the opportunity to be present when my daughter is born," Cervantes-Jimenez said.
Gibbons said property seized from the transaction would be forfeited.
"When you get out of custody, take care of your family as a law-abiding citizen," Gibbons said. "If you get deported, you can't come back without permission."
