Guatemalan National Sentenced to Two Years in Federal Prison for Illegally Re-Entering the Country

Defendant was Under the Influence of Alcohol During Single Vehicle Wreck, Killing Passenger

OKLAHOMA CITY – Last week, LUIS EMILIO XIVIR-COYOY, 30, of Guatemala, was sentenced to serve 24 months in federal prison for illegal re-entry after prior removal from the United States, announced U.S. Attorney Robert J. Troester.

On October 17, 2023, a federal grand jury charged Xivir-Coyoy with illegal re-entry of a removed alien. According to the Indictment, Xivir-Coyoy was found to be in the United States illegally after he was removed from the United States previously in 2012.

According to public record, in October of 2023, Xivir-Coyoy was the driver of a vehicle that struck a pole and caught fire in Oklahoma City. When first responders arrived, they found a passenger in the backseat of the burning vehicle who was trapped and severely burned. The passenger later died as a result of injuries. Public record further reflects that Xivir-Coyoy fled the scene following the accident, but was arrested a short time later by Oklahoma City Police. Xivir-Coyoy was under the influence of alcohol at the time of the crash and had an outstanding warrant from Oklahoma County for a driving under the influence charge in 2022.  

On November 27, 2023, Xivir-Coyoy pleaded guilty to the federal immigration offense, and admitted he re-entered the United States after prior removal without consent.

On Thursday, February 22, 2024, U.S. District Judge Stephen P. Friot sentenced Xivir-Coyoy to serve 24 months in federal prison. In announcing his sentence, Judge Friot noted the extenuating facts and circumstances of the case and the need for deterrence.

Public records reflect that Xivir-Coyoy has state charges pending in Oklahoma County District Court related to the incident.

This case is the result of an investigation by U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Matt Dillon prosecuted the case.

Reference is made to public filings for additional information.