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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.