Joaquin Cervantes, Possession of a Firearm by a Prohibited Person, South Dakota 2023

RAPID CITY, SD – Joaquin Cervantes, 39, of Hastings, Nebraska, is headed to federal prison after being sentenced on Tuesday, September 5, 2023, for illegally possessing a firearm. Chief U.S. District Judge Robert A. Lange handed down a five-year sentence, followed by three years of supervised release, and a $100 penalty to the Federal Crime Victims Fund.

The case against Cervantes began in March of 2023 when he was found with a Remington semi-automatic rifle in Rapid City, South Dakota. The catch? Cervantes is a convicted felon, making firearm possession a federal crime. A federal grand jury indicted him in May, and he pleaded guilty to Possession of a Firearm by a Prohibited Person on June 16, 2023. The feds don’t mess around with repeat offenders packing heat.

Federal prosecutors successfully argued that Cervantes knowingly violated the law by possessing the rifle. His prior conviction automatically disqualifies him from owning or possessing any firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Rapid City Police Department jointly investigated the case, bringing the evidence that led to his conviction. Assistant U.S. Attorney Sarah B. Collins handled the prosecution.

This isn’t just about one gun and one man, according to U.S. Attorney Alison J. Ramsdell. The sentencing is framed as part of “Project Safe Neighborhoods” (PSN), a broad initiative aimed at reducing violent crime and gun violence across the country. PSN is a multi-agency effort that hopes to foster trust between law enforcement and communities, and funnel resources towards prevention.

The Department of Justice launched a revamped PSN strategy in May 2021, emphasizing focused enforcement and measurable results. While the program aims for community engagement, the outcome for Cervantes was a swift trip to federal prison. He was immediately taken into custody by the U.S. Marshals Service following the sentencing.

Cervantes’ case serves as a stark warning: a prior felony conviction carries serious consequences, especially when it comes to firearms. The ATF and its partners are actively working to keep guns out of the hands of those legally prohibited from possessing them, and this sentencing is a clear signal that they will pursue these cases aggressively. The streets of Rapid City, and beyond, are a little safer with Cervantes behind bars.

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