DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122402P.pdf 01/28/2013 United States v. David Foote
U.S. Court of Appeals Case No: 12-2402
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
Criminal case - Sentencing. A petty misdemeanor resulting in a fine is
a sentence under the Guidelines, and the court holds that possession of
marijuana is not similar to any enumerated exception in the Guidelines;
as a result, defendant's Minnesota conviction for possession of marijuana
counted as a point; additionally, defendant failed to timely provide all
relevant and useful evidence before sentencing, a necessary prerequisite
for eligibility for safety valve sentencing, and he was disqualified from
safety-valve relief.