United States Attorney Richard B. Roper
Northern District of Texas

DALLAS MAN CONVICTED ON DRUG AND FIREARMS CHARGES

Defendant Faces Life in Prison Without Parole

DALLAS — At a trial held this week before U.S. District Judge Jorge A. Solis, Cedric Rose, 45, of Dallas, was convicted on all counts of a superseding indictment charging him with possession with intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking crime and two counts of being a felon in possession of a firearm, announced U.S. Attorney Richard B. Roper of the Northern District of Texas.

The government will seek a mandatory term of life imprisonment which is prescribed for persons previously convicted for two or more “serious violent felonies,” as a result of Rose’s conviction for possessing a firearm in furtherance of a drug trafficking crime, which must be served consecutively to any other term of imprisonment. Rose faces a sentence of not less than five to 40 years in prison for the drug offense, and 15 years to life in prison for the two counts of being a felon in possession of a firearm, since he is considered an “Armed Career Criminal” under federal law. Sentencing is set for July 30, 2008.

At trial, the government presented evidence that on February 9, 2007, Rose, a multi-convicted felon, who had previously been convicted for “serious violent felonies” such as aggravated sexual assault and four times for aggravated robbery, was caught Dallas Police Department officers with 15.5 grams of cocaine base, commonly known as “crack” cocaine, and a loaded handgun. Officers noticed a car leaving a known drug house in West Dallas and stopped it for a traffic offense; Rose was sitting in the front passenger’s seat. An officer approached Rose and noticed that he was trying to conceal a bag of crack cocaine packaged for street-level sales. The officer opened the car door to retrieve the drugs but Rose threw them out of the car and struggled with the officer, even reaching under his seat during the course of the struggle. Once Rose was detained, the officer discovered a fully loaded .38 caliber revolver under the seat.

The government also presented evidence that on July 20, 2007, a man returning a car to a friend in the Fair Park area of Dallas encountered Rose on the streets. The man asked Rose for drugs and Rose agreed to sell him drugs. Rose entered the car and instructed the man to drive to a nearby apartment complex, where they got in a dispute over how the transaction would take place. Rose then reached into his waistband, produced a small caliber semi-automatic pistol, and shot the man in the right thigh. Rose then put the pistol to the man’s face and demanded his wallet, tellinghim that the next shot would be in his face if he didn’t comply. The man, after leading Rose to believe that he was getting his wallet, unbuckled his seatbelt and fled, however, while running, his right leg snapped because the bullet had hit and fractured the bone. The man was treated at Baylor Hospital for a gunshot wound to his leg and the car was reported stolen.

The government then presented evidence that on July 30, 2007, an officer with the Dallas Police Department observed Rose driving a car and stopped him. Rose was arrested and a .22 caliber semi-automatic pistol was discovered between the driver’s seat and the center console. The shooting victim identified Rose as his shooter, and stated that the pistol found in the car looked exactly like the one Rose used to shoot him.

The case was adopted for federal prosecution by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) through the Project Safe Neighborhood initiative, a federal program designed for the quick and aggressive prosecution of firearm offenses. U.S. Attorney Roper praised the work of ATF as well as the Dallas Police Department. Assistant U.S. Attorneys Gary C. Tromblay and John J. Boyle are prosecuting the case.

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