U.S. v. DECOSTER

No. 15-1890, No. 15-1891.

828 F.3d 626 (2016)

UNITED STATES of America, Plaintiff-Appellee. v. Austin DECOSTER, also known as Jack, Defendant-Appellant. National Association of Manufacturers; Cato Institute; Washington Legal Foundation; Chamber of Commerce of the United States; Pharmaceutical Research and Manufacturers of America, Amici on Behalf of Appellant(s). United States of America, Plaintiff-Appellee v. Peter DeCoster, Defendant-Appellant. National Association of Manufacturers; Cato Institute; Washington Legal Foundation, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2016.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Peter D. Keisler , of Washington, DC. The following attorneys also appeared on the appellants' brief; Mark Daniel Hopson , of Washington, DC., Thomas C. Green , of Washington, DC., Frank Robert Volpe , of Washington, DC., Kwaku A. Akowuah , of Washington, DC., Tobias S. Loss-Eaton , of Washington, DC., Stuart J. Dornan , of Omaha, NE.

Counsel who presented argument on behalf of the appellee was Jeffrey Eric Sandberg , AUSA, of Washington, DC. The following attorneys also appeared on the appellee brief; Scott R McIntosh , AUSA, of Washington, DC., Peter E. Deegan, Jr. , AUSA, of Cedar Rapids, IA., Lisa Hsiao , AUSA, of Washington, DC., Douglas N. Letter , of Washington, DC.

The following attorneys appeared on the amicus brief of Pharmaceutical Research and Manufacturers of America and Chamber of Commerce of the United States of America; David W. Ogden , of Washington, DC., Paul Reinherz Wolfson , of Washington, DC.

The following attorneys appeared on the amicus brief of Washington Legal Foundation; Cory L. Andrews , of Washington, DC., Mark S. Chenoweth , of Washington, DC.

The following attorneys appeared on the amicus brief of The National Association of Manufacturers and The Cato Institute; Linda E. Kelly , of Washington, DC., Scott Steven Bernstein , of Washington, DC., Matthew Gardner Kaiser , of Washington, DC., Patrick N. Forrest , of Washington, DC., Ilya Shapiro , of Washington, DC., Randal J. Meyer , of Washington, DC.

Before MURPHY, BEAM, and GRUENDER, Circuit Judges.


Austin "Jack" DeCoster and Peter DeCoster both pled guilty, as "responsible corporate officers" of Quality Egg, LLC, to misdemeanor violations of 21 U.S.C. § 331(a) for introducing eggs that had been adulterated with salmonella enteritidis into interstate commerce. The district court1 sentenced...

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