Man Subject to Victim Protection Order to Serve Two Years in Prison for Unlawful Possession of Firearm

OKLAHOMA CITY – IVAN MACHADO-SALDIVAR, 34, of Oklahoma City, has been sentenced to 24 months in federal prison for possessing a firearm while subject to a victim protection order, announced Robert J. Troester of the U.S. Attorney’s Office.

According to an affidavit in support of a complaint filed on April 4, 2018, Del City police officers responded to a domestic dispute on March 22, 2018.  The victim alleged Machado-Saldivar, her "boyfriend/common law husband," had kicked in her front door and assaulted her with a firearm.  According to the affidavit, she later explained he had told her he would hurt both of them if she called the police.  Near the victim’s residence, officers arrested Machado-Saldivar in a silver Lexus.  A pat-down revealed he was wearing an empty plastic firearm holster on his right hip.  An inventory search of the car yielded a 9mm pistol and fifteen rounds of ammunition.

The affidavit explains that officers determined Machado-Saldivar was subject to an Oklahoma County victim protection order entered on January 29, 2018.  Although he had no felony convictions, the victim protection order made his possession of a firearm a felony under federal law.

Machado-Saldivar has been in the custody of the U.S. Marshals Service since April.  On May 15, 2018, a federal grand jury indicted him for being in unlawful possession of a firearm while subject to a victim protection order.  He pleaded guilty on July 2, 2018.

At his sentencing hearing yesterday, United States District Judge Charles Goodwin sentenced Machado-Saldivar to 24 months in prison, the top of the advisory range under the U.S. Sentencing Guidelines.  The court also ordered him to serve one year of supervised release after imprisonment.

This sentence is the result of an investigation by the Del City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Prosecuted by Assistant U.S. Attorney Jessica Cárdenas, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime.  In October 2017, the Department announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.

Reference is made to public filings for further information.