Lawyer: Any jail term for egg exec blamed in 2010 outbreak would be unconstitutional

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SIOUX CITY, Iowa — A defense attorney says disgraced egg producer Austin "Jack" DeCoster should be kept out of jail when he's sentenced for food safety violations linked to a 2010 salmonella outbreak.

Attorney Frank Volpe filed a motion this week arguing that it would be unconstitutional for DeCoster to receive jail or home confinement. He says the only appropriate sentence is a fine and probation.

DeCoster and his son, Peter, pleaded guilty to misdemeanor charges of introducing adulterated food into interstate commerce. They face up to a year in jail.

Their company, Quality Egg, pleaded guilty to bribing a federal inspector, selling misbranded food and introducing adulterated food into interstate commerce.

Volpe argues DeCoster is being held responsible because he was a corporate officer and had no criminal intent. Sentencing hasn't been scheduled.

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