California Man Pleads Guilty in 4 Orange County Robberies, Facing Up to 20 Years

Q: He used a fake gun during his robberies. Why could he still face 20 years in federal prison?

He could still face up to 20 years because the federal charge he pleaded guilty to is Hobbs Act robbery, and that law punishes robbery carried out through force, threats, or fear — not just the use of a real firearm. In Lopez’s case, prosecutors said he entered late-night businesses masked, demanded money, and displayed weapons, including a knife in one robbery and what appeared to be a black pistol in another. Under the Hobbs Act, the key issue is whether he used threatened violence or intimidation to take or try to take money from employees at businesses engaged in interstate commerce. A replica gun can satisfy that element because it is used to make victims believe they are facing a real and immediate threat. The 20-year figure is the statutory maximum for a Hobbs Act robbery count under 18 U.S.C. § 1951. It is not dependent on proving the gun was real. That differs from some separate federal firearms charges, which can require proof that the weapon was an actual firearm. The facts also include aggravating details that can matter at sentencing: multiple robberies and attempted robberies over several days, use of a knife, jumping a counter, and targeting workers late at night. His actual sentence could be lower than 20 years, because federal judges calculate sentences under advisory guidelines, but the fake gun does not prevent a very serious federal penalty.

3 articles · Updated · Fox News · Jul 18

Freddie Alexander Lopez, 24, admitted Friday to a federal robbery charge tied to four armed robberies and attempted robberies at three Subway restaurants and a donut shop over about six days.
Surveillance footage and cellphone location data placed Lopez near the late-night holdups, where prosecutors said he ordered a small item, waited for the register to open, then threatened cashiers with a knife or apparent pistol.
Jan. 27 to Feb. 1 incidents included a $300 robbery at a Santa Ana Subway, a failed Jan. 30 Subway attempt in Fountain Valley, a donut shop robbery less than 30 minutes later, and another failed Subway robbery in Anaheim.
Santa Ana police arrested Lopez on Feb. 6 during a traffic stop and found a handgun-like replica, knife, mask and glasses that investigators said matched the robbery suspect's gear.
Lopez was re-arrested on the federal charge after being released before trial, and he is scheduled for sentencing on Oct. 2 with a maximum penalty of 20 years in prison.