Guatamalan Man Charged with Illegally Being in U.S. Despite Felony

A federal indictment was filed today charging an individual with being found in the United States without permission after previously being deported, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Vicente Sica-Ixcoy, 32, a citizen of Guatemala, is named in the indictment. The indictment charges one count of being found inside the United States in the Northern District of Ohio without the express permission of the Attorney General of the United States or the Secretary for Homeland Security.

The indictment alleges that on or about September 18, 2014, the defendant was found in Dover, Ohio, having previously been deported on at least one occasion from the United States, subsequent to a conviction for the commission of an aggravated felony, namely unlawful sexual contact with a minor, in the Common Pleas Court of Tuscarawas County, Ohio.

The case is being prosecuted by Assistant United States Attorney Marisa T. Darden, following an investigation by the Department of Immigration and Customs Enforcement. If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.