Sholom Rubashkin appeals 27-year sentence

Attorneys for former Sholom Rubashkin on Friday formally appealed his 27-year prison sentence.

The move was expected. Attorneys indicated they'd appeal at the conclusion of his June 23 sentencing in U.S. District Court in Cedar Rapids. The U.S. Court of Appeals for the Eighth Circuit is expected to handle the case.

A federal jury in November convicted Rubashkin, 50, of Postville, of 86 counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges came after a May 2008 immigration raid at the Agriprocessors kosher meatpacking plant in Postville where nearly 400 illegal workers were arrested and charged.

In addition to the prison time, Rubashkin was also ordered to pay more than $26 million in restitution to two banks and a livestock supplier.

Guy Cook, Rubashkin's attorney, said following the sentencing hearing that his appeal will focus on charges brought against Rubashkin, how the case was tried and a sentence the defense considers excessive.

“That livestock charge has never been brought against anyone in the 88 years it's been in law,” Cook said following the sentencing. “No one has ever been charged criminally with it, I think, because it's defective.”

He also said the fraud charges shouldn't have never been separated out as bank, wire and mail fraud because they all accuse the same conduct.