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Department of Justice

U.S. Attorney's Office
District of New Mexico

For Immediate Release

Wednesday, November 9, 2016
Damon P. Martinez
, United States Attorney

Albuquerque Man Sentenced to 12 Years for Discharging Firearm during Attempted Robbery of Restaurant

Defendant Prosecuted under Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Peter Pagan, 23, of Albuquerque, N.M., was sentenced yesterday in federal court to 147 months in prison for violating the Hobbs Act by attempting to rob an Albuquerque-area fast food restaurant and discharging a firearm during the attempted robbery.  Pagan will be on supervised release for three years following his prison sentence.
Pagan was charged by criminal complaint in Oct. 2015, with discharging a firearm while attempting to rob the Blake’s Lotaburger located at 6215 San Antonio Dr. NE in Albuquerque on Jan. 27, 2015. According to the complaint, Pagan entered the restaurant, pointed a firearm at employees, and demanded money.  When the employees were unable to open the cash register, Pagan shot a round of ammunition into the ceiling before running out of the restaurant.  When a customer attempted to chase him down, Pagan fired nine rounds into the customer’s vehicle.
Pagan was indicted on Nov. 17, 2015, and was charged with violating the Hobbs Act and discharging a firearm during a crime of violence.  According to the indictment, Pagan committed the crimes on Jan. 27, 2015, in Bernalillo County, N.M.
On Aug. 8, 2016, Pagan pled guilty to the indictment.  In entering the guilty plea, Pagan admitted that on Jan. 27, 2015, he entered a Blake’s Lotaburger armed with a loaded handgun and demanded money.  Pagan further admitted firing a round into the ceiling of the restaurant when employees were unable to open the cash register.
State charges against Pagan were dismissed in favor of federal prosecution. 
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Paul H. Spiers and Rumaldo R. Armijo prosecuted the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this 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 communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average. 
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Phoenix Field Division