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U.S. v. FOOTE

No. 12-2402.

705 F.3d 305 (2013)

UNITED STATES of America, Plaintiff-Appellee v. David Donald FOOTE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 28, 2013.

Attorney(s) appearing for the Case

Deborah Kay Ellis , argued, St. Paul, MN, for appellant.

Michael L. Cheever , AUSA, argued, Minneapolis, MN, for appellee.

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

David Donald Foote appeals from his sentence after the district court1 found him ineligible for the safety valve in 18 U.S.C. § 3553(f). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Foote pled guilty to conspiring to manufacture marijuana in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846. The plea agreement noted the possibility of a shorter...

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