A 44-year-old Sacramento man chose prison over a diversion program Monday when federal agents showed up in Douglas District Court to take him into custody for alleged immigration issues.
Judge Michael Gibbons sentenced Sotero Martinez to 30 months in Nevada State Prison for felony driving under the influence after his third arrest for drunk driving in seven years.
Martinez dropped his request for a diversion program after learning federal officers were in court with a warrant and intended to take him into custody.
He denied allegations in a presentencing report that he had four prior arrests for illegal entry and alien smuggling.
Defense attorney Tod Young advised Martinez not to answer Gibbons' question of whether he'd ever been arrested for illegal entry into the United States.
"Mr. Martinez began counseling and stayed in contact with me. He knew about the federal warrant and could have said, 'Well, nice knowing you. Catch me if you can.' But he knew he had to face the music and make arrangements for his children," Young said.
Martinez has a federal hold after he serves his prison term. Gibbons fined Martinez $2,000 and ordered him to serve a minimum of one year before he is eligible for parole.
Martinez was arrested Jan. 4 on Highway 50 at Stateline with a blood-alcohol content of .16, twice the legal limit for driving in Nevada.
