Well, I guess the really obvious question, and forgive me for asking it but I just gotta make sure it's out of the way, is: are you plugging the drive in using the eSATA cable and not the USB cable? If you're leaving the USB cable connected in order to power the drive then that's likely the problem. With eSATA you'll need to power the drive using a power brick that plugs into a wall outlet.
The second question is: why do you think the system is treating it as a USB device? Is it just because the "safely remove drive" icon shows up in the right end of the taskbar? Because that icon appears for any removable device whether it's USB or not.
actually I am using the usb for power. With notebook and ssd drives it works just fine for power. after all if its enough power to work it as a usb drive then it also should be enough to make it work as esata.
I did get it to work on one machine but i had to reboot and change some bios settings.
another problem is that one of the cases I have is getting a lot of negative feedback for the esata not working.
how i know it is recognized as usb device only is when i run hd tune its a straight line at around 33 mb/s which is consistent with the top range for usb 2.0
Try plugging the USB cable into one of those "USB charger" gadgets instead of the computer. If you plug both the eSATA and USB cables from the drive right into the computer you have no control over which connection its going to choose.