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Cade v. Beasley

United States District Court, E.D. Arkansas, Eastern Division

August 8, 2018

EDWARD E. CADE Reg #33494-177 PETITIONER
v.
GENE BEASLEY, Warden, FCC-Forrest City RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDATIONS

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

         Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325

         DISPOSITION

         This matter is before the undersigned United States Magistrate Judge on the petition of federal prisoner Edward E. Cade for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Docket Entry #1) Petitioner's federal sentence derives from a 2006 conviction out of the United States District Court for the Northern District of Texas (Dallas Division) where he pleaded guilty to two counts: (1) 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 and (2) possession of a firearm during a drug trafficking offense. Cade had a prior state conviction for possession with the intent to deliver a controlled substance. In sentencing Cade, the federal court determined that Cade was a career offender and imposed an enhanced sentence under section 4B1.1 of the United States Sentencing Guidelines (U.S.S.G.). He was sentenced below the advisory guideline range to 216 months on Count 1 and 60 months on Count 2, to be served consecutively. Cade appealed his conviction to the Fifth Circuit Court of Appeals, arguing that the district court erred in enhancing his sentence as a career offender pursuant to U.S.S.G. § 4B1.1 based on the erroneous finding that the Texas state conviction for possession of a controlled substance with intent to ...


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