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Latest Legal News from the Criminal Courts in Houston, Texas
April 12, 2007
COURT IMPOSES LENGTHY PRISON TERM IN FIREARMS CASE
HOUSTON, Texas – A Honduran national, illegally in the United States and previously charged in a drive-by shooting resulting in the death of a child, was sentenced to five years in federal prison for illegally possessing a firearm, U.S. Attorney Don DeGabrielle Jr. announced today.
Miguel Angel Castro, 21, was sentenced on April 9, 2007, by U.S. District Judge Lynn N Hughes to 60 months in federal prison without parole for his alien in possession of a firearm conviction. The 60 month sentence represents an upward departure of 39 months above the calculated applicable federal sentencing guideline range of 15 to 21 months. In departing upward, Judge Hughes cited the defendant’s failure to accept responsibility for his actions and his continued association with guns and person who commit crimes.
Castro pleaded guilty to the firearm charge in November 2006 after the United States proved that on April 13, 2005 while Houston police officers and FBI Agents were attempting to execute a felony arrest warrant at an apartment complex located on the 6400 block of W. Bellfort, in Houston, Texas, a blue Honda with three Hispanic males was seen leaving the complex. Believing the subject of the warrant was among the occupants of the vehicle, officers attempted to stop the vehicle. But the vehicle evaded the officers fleeing the scene to another apartment complex located on the 11200 block of W. Bellfort. The three occupants fled the vehicle on foot with officers in pursuit. Castro discarded a chrome Taurus .38 Caliber pistol, which officers later recovered.
Castro was the subject of an investigation conducted by the Harris County Sheriff’s Department and the Houston Division of the Federal Bureau of Investigation in connection with the death of a nineteen (19) month-old child who was shot and killed in a drive-by shooting on April 12, 2005. The child was killed while sitting in a car seat in a vehicle occupied by his father and two siblings, ages ten (10) and four (4). The child’s father told investigators three Hispanic males had approached his vehicle and one of the men had fired several shots into the vehicle. Castro was originally charged with capital murder by the State of Texas for the shooting death of the child. However, due to evidentiary problems the state later dismissed the charges.
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