He was also placed on supervised release for the remaining period of the suspended sentence.
“After considering the facts of this case, including the fact that [Castro] has no criminal history, the recommendations of counsel, which included the representation by the government that in view of defendant’s proposed challenge to the search and seizure and the court’s recent decision in a similar case, that this plea agreement is a proper result and in the best interest of the commonwealth, the court accepts the terms of conditions of the plea agreement entered into by the parties,” Wiseman said in his written judgment and commitment order yesterday.
Castro’s attorney Victorino DLG. Torres earlier asked the court to prohibit the prosecution “from introducing all the evidence resulting from the warrantless search and seizure, including all statements obtained while [Castro] was in custody….”
Last March, Castro was arrested for illegal possession of controlled substance, illegal possession of a firearm, trafficking of a controlled substance, and manufacturing of a controlled substance.
Twenty-one bags of packaged marijuana along with empty Ziplock bags were found after police searched Castro’s residence in San Antonio.
Early this month, however, Wiseman suppressed the evidence in the separate case against Juan Babauta Castro, 55, and Vincent Cabrera Castro, 36, who were arrested last March for growing marijuana plants on Saipan.
Wiseman said the manner in which evidence was obtained was in violation of the defendants’ Fourth Amendment constitutional rights.
He further ruled that any statements the two defendants made to the police were suppressed because they were made in violation of their Fifth Amendment constitutional rights.
