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Date: 02-26-2022
Case Style:
Case Number: 1:19-cr-03112-WJ
Judge: William P. Johnson
Court: United States District Court for the District of New Mexico (Bernalillo County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Albuquerque, New Mexico criminal defense lawyer represented Defendant charged with one count each of robbery, using, carrying and brandishing a firearm during and in relation to a crime of violence, and possession of a stolen firearm.
The evidence at trial showed Jacquan Abe, age 24, from Albuquerque, lived in a house directly behind an automobile repair shop on Eubank Boulevard. On Aug. 6, 2019, Abe confronted an employee of the auto business while wearing a Highland High School sweatshirt. Abe accused the auto business of spying on his home with its security cameras, which was not true. The shop employee became frightened by Abe’s aggressiveness and retrieved a pistol from inside the auto shop. The employee then returned to the front of the business where Abe was standing. Abe attacked the shop employee and they wrestled on the ground. The gun became loose and Abe picked it up. He made several attempts to shoot the weapon at the shop employee’s head, but no bullets discharged because the gun’s safety mechanism was engaged.
Abe then ran to an insurance business a short distance away while still armed with the gun. He went inside, pointed the gun at a sales agent and demanded she show him where the business kept its cash. The sales agent took Abe to the back of the business where he grabbed about $63 from a petty cash box. Abe tried to flee the scene, but a worker from a neighboring smoke shop confronted Abe with a gun of his own. Abe eventually tripped and dropped his gun. The smoke shop worker picked it up as Abe ran away.
The Albuquerque Police Department released video footage to the news media showing the fight at the auto shop. APD received an anonymous tip identifying Abe as the perpetrator. Police arrested Abe after the auto shop, insurance business and smoke shop employees all positively identified Abe in photo arrays. The trial evidence showed Abe previously attended Highland High School. The evidence further showed the robbery of the insurance business affected interstate commerce and the firearm that Abe used in the crimes was manufactured in Massachusetts and traveled in interstate commerce to New Mexico prior to the robbery.
Abe faces up to 10 years in prison for possession of a stolen firearm, up to 20 years in prison for robbery, and a minimum of seven years consecutive and up to life in prison for brandishing a firearm during and in relation to a crime of violence.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorneys Timothy Trembley and Sean J. Sullivan are prosecuting the case.
18:1951(a): Interference with Interstate Commerce by Robbery and Violence
(1)
18 USC 1951(a): INTERFERENCE WITH INTERSTATE COMMERCE BY ROBBERY AND VIOLENCE
(1s)
18:924(c)(1)(A)(ii): Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence, and Possessing and Brandishing a Firearm in Furtherance of Such Crime
(2)
18 USC 924(c)(1)(A)(ii): USING, CARRYING AND BRANDISHING A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE, AND POSSESSING AND BRANDISHING A FIREARM IN FURTHERANCE OF SUCH CRIME
(2s)
18:922(j) and 924: Possession of a Stolen Firearm
(3)
18 USC 922(j) AND 924: POSSESSION OF STOLEN FIREARM
(3s)
Outcome: Defendant was found guilty.
Plaintiff's Experts:
Defendant's Experts:
Comments: