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Appeals court rejects appeal from Kan. contractor

Published on -6/26/2013, 6:44 AM

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TOPEKA, Kan. (AP) -- A federal appeals court has dismissed the appeal of a private contractor convicted of trying to smuggle $150,000 from Afghanistan to his ex-wife in Kansas.

The 10th U.S. Circuit Court of Appeals said Tuesday the appeal from Donald Gene Garst would be frivolous.

The Topeka man was sentenced in February to 2 1/2 years in prison and a $52,000 fine. He later asked the court to dismiss his appeal.

Garst pleaded guilty to bulk cash smuggling for trying to ship the undeclared cash in a DHL box from Bagram Air Base in Afghanistan to Kansas. He worked on the base as a private contractor from 2009 to 2011.

The government contends the money was part of a larger kickback scheme. Garst claims the money was gambling proceeds.

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