Conference Calendar UNITED STATES OF AMERICA v. Edward Eugene Cade

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-10172
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
EDWARD EUGENE CADE
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-139-ALL
Before KING, BARKSDALE, and OWEN, Circuit Judges.
PER CURIAM:*
Edward Eugene Cade pleaded guilty to possession with intent to distribute
6 kilograms or more of cocaine, 500 grams or more of cocaine base, and 1200
grams or more of marijuana (Count 1) and to possession of a firearm during a
drug trafficking offense (Count 2). The district court found Cade to be a career
offender but sentenced him below the advisory guideline range to 216 months of
imprisonment on Count 1. The court sentenced Cade to the statutory minimum
United States Court of Appeals
Fifth Circuit
F I L E D
October 22, 2008
Charles R. Fulbruge III
Clerk

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No. 07-10172
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60-month sentence on Count 2, to be served consecutively to the sentence
imposed for Count 1.
Cade argues that the district court erred in enhancing his sentence as a
career offender pursuant to U.S.S.G. § 4B1.1 based on a finding that his Texas
conviction for possession of a controlled substance with intent to deliver was a
“controlled substance offense.” Cade correctly concedes that this argument is
foreclosed by United States v. Ford, 509 F.3d 714, 717 (5th Cir. 2007), cert.
denied, 2008 WL 1803624 (Oct. 6, 2008) (No. 07-10458), and he raises it solely
to preserve it for further possible review.
The Government has filed a motion for summary affirmance, which is
GRANTED. The Government’s motion for dismissal of the appeal and
alternative motion for an extension of time for filing an appellate brief are
DENIED, and the judgment of the district court is AFFIRMED.

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