U.S. District Judge Richard H. Kyle sentenced David Donald Foote, 43, of Duluth to 60 months in prison on 30 May 2012 for conspiring to manufacture 100 or more marijuana plants.[1][2] Foote had been indicted with three co-defendants on 6 July 2011 and pleaded guilty on 24 October 2011.[1]
On 6 March 2012 the same judge had sentenced Russell Gordon Fromberg, 51, of Proctor to 32 months, Steven John Hansen, 51, of Duluth to six months and Craig Alan Modean, 36, of Barnum to three months, each on one conspiracy count.[1] Fromberg and Hansen pleaded guilty on 24 October 2011 and Modean on 14 October 2011.[1]
A two-year conspiracy
In their plea agreements, Foote, Hansen and Fromberg admitted conspiring to manufacture marijuana from January 2008 through 1 April 2010.[1] Searches of several homes in March 2010 recovered hundreds of plants: 458 from Foote, 96 from Hansen, 46 from Fromberg and 325 from Modean.[1] Foote admitted responsibility for 925 plants and setting up grows at several locations; Hansen admitted selling marijuana and responsibility for 554 plants; Fromberg admitted helping make 600 and possessing seven firearms, five rifles and two pistols.[1]
Appeal fails
Foote appealed, arguing his two earlier low-level convictions should not block safety-valve relief from the five-year mandatory minimum; the Eighth Circuit affirmed the 60-month sentence on 28 January 2013.[2]
