Albuquerque Man Charged with Violating Hobbs Act by Robbing Four Businesses

ALBUQUERQUE—Last week, a federal grand jury returned an eight-count indictment charging Oscar Marquez, 22, of Albuquerque, New Mexico, with four counts of violating the Hobbs Act by interfering by robbery with a business involved in interstate commerce and with four counts of using and carrying firearms during and in furtherance of a crime of violence.

The indictment was unsealed yesterday after Marquez’s co-defendant, Rebecca Aguilar, 25, also of Albuquerque, was arrested.

The indictment alleges that Marquez robbed four Albuquerque businesses between May 28, 2012 and June 9, 2012, and that Aguilar participated in the last of the robberies. It further alleges that Marquez used a firearm to perpetuate the four robberies and that he discharged the firearm during two of the robberies.

According to the indictment, Marquez robbed the following Albuquerque businesses at gunpoint: (1) a Captain D’s restaurant on May 28, 2012; (2) a Cricket Wireless Store on May 29, 2012; (3) a King Wireless Store on June 7, 2012; and (4) a Cricket Wireless Store on June 9, 2012.

Marquez allegedly discharged his firearm during the May 29, 2012 and June 9, 2012 robberies, and Aguilar allegedly participated in the May 9, 2012 robbery.

A conviction on each of the four Hobbs Act counts carries a maximum penalty of 20 years of imprisonment and a $250,000 fine. A conviction on each of the two counts alleging the use of a firearm in furtherance of a crime of violence carries a mandatory seven-year term of imprisonment to be served consecutive to any sentence imposed on the underlying crime of violence and a $250,000 fine. A conviction on each of the two counts alleging the discharge of firearms that were used and carried during a crime of violence carries a mandatory 10-year term of imprisonment to be served consecutive to any sentence imposed on the underlying crime of violence and a $250,000 fine.

Aguilar was arraigned this morning and was released to a halfway house on conditions of release and under pretrial supervision pending trial. Marquez, who is currently in state custody, will be transferred to federal custody to face the charges in the indictment.

U.S. Attorney Kenneth J. Gonzales said that this case was brought as part of a new law enforcement initiative launched in July 2012 by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This new initiative is part of a federal anti-violence initiative denominated as the New Mexico Federal Gang Task Force that targets “the worst of the worst” offenders for federal prosecution. Under the anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local, and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.

The case was investigated by the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.