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U.S. v. KOESTNER

No. 10-2097.

628 F.3d 978 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kris Erhardt KOESTNER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 23, 2010.

Attorney(s) appearing for the Case

Alfredo Parrish , Des Moines, IA, for appellant.

Mary C. Luxa , AUSA, Des Moines, IA, for appellee.

Before LOKEN and BYE, Circuit Judges, and MARSHALL, District Judge.

PER CURIAM.

Kris Koestner pleaded guilty to one count of tampering with a witness, 18 U.S.C. § 1512(b)(3), to cover up the fraudulent use of food stamp benefits at his grocery store in Centerville, Iowa. Consistent with the written plea agreement, the district court1 sentenced Koestner to one year of probation. However, noting that Koestner was a "millionaire," the court also imposed a $100,000 fine, an amount that was $70,000 above...

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