SIOUX CITY, Iowa (AP) — 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.