United States v. David Foote

BENTON, Circuit Judge.

David Donald Foote appeals from his sentence after the district court 1 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 sentence under 18 U.S.C. § 3553(f), commonly called the “safety valve.” Previously, Foote had been convicted of a misdemeanor for driving while under the influence, and a petty misdemeanor for…