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Jared Fogle’s Appeal For Lighter Sentence Denied By Federal Court

By Loretta Polaski
Published on: 15:03 PST, Jun 9, 2016

Jared Fogle’s appeal was denied Thursday by the U.S. 7th Circuit of Appeals in Chicago. Fogle, former pitchman for Subway, wanted his 15 and half year sentence reduced. Fogle claimed his sentence was longer than indicated by sentencing guidelines and was inappropriately imposed. His attorney, Ron Elberger, based the appeal on Fogle being prosecuted for fantasizing about a crime, not committing a crime.

In November 2015, Jared Fogle pled guilty to possession of child pornography and paying for sex with minors, according to USA Today. Evidence showed that Fogle had traveled to New York City to have sex with underage girls.

Last month, U.S. District Judge Tanya Walton Pratt sentenced Jared Fogle to 15 years and eight months in federal prison. It exceeded the prosecutors request for 12 and half years, and the defendant’s request for five years based on a plea agreement. The appeal claimed that the judge abused her discretion and sentenced him for fantasizing, not for actual crimes.

A three-judge federal appeals panel heard the arguments regarding Jared Fogle’s appeal last month from Elberger, Fogle’s attorney, and Assistant U.S. Attorney Steve DeBrota. Jared Fogle’s appeal was denied Thursday.

“In light of the district court’s sound exercise of discretion under the disturbing facts of this case, we uphold the above-guidelines sentence as substantively reasonable,” said Judge Joel Flaum.

Jared Fogle’s interest in minors expands at least nine years to 2007. In 2008, Russell Taylor became head of Fogle’s charitable organization, Jared’s Foundation. The foundation involved raising awareness and educational programs about childhood obesity.

Taylor gave Jared Fogle child pornography of children ages 9 to 16 who were secretly recorded at Russell Taylor’s home while they showered, bathed, and changed clothes. One video was more explicit in nature showing a sexual act. Russell Taylor is serving a 27-year sentence for producing and distributing child pornography. Taylor attempted suicide in county jail prior to his sentencing, but was put on life support and survived.

During the appeal, Jared Fogle’s attorney argued that Fogle was being punished for Taylor’s acts and that Fogle was not involved in the production of child pornography. Fogle’s arguments that the sentencing was inappropriate was rejected by the federal panel of judges. The appellate court said that the district court judge correctly applied the law. The panel found that Fogle was punished appropriately for distribution and receipt of child pornography, not for producing it. According to Reuters, court records show that Fogle was in possession of pornography of a 6-year-old child and shared it with a woman with whom he was in a sexual relationship.

“There is no evidence in the record that the district court was confused about the facts,” the three-judge panel said on Thursday.

The court released a nine-page opinion, saying the Jared Fogle’s appeal arguments were “unpersuasive” and that he attempted to “downplay” his role in receiving the pornography. In Jared Fogle’s appeal, he claimed he only distributed it once.

Jared Fogle, the former Subway spokesperson who climbed his way to fame by losing 200 pounds while eating Subway sandwiches in college, was fired by Subway when he plead guilty in November. He had been with Subway for 15 years. Fogle’s net worth in 2013 was $15 million. He is paying restitution of $1.4 million to 14 victims who are minors. Fogle was also fined $175,000.

Fogle’s wife, with whom he has two children, divorced him last November. He agreed to pay her $7 million. She moved with her children to an undisclosed location for the “well-being” of her children.

Jared Fogle’s attorney said Fogle has the right to ask the appeals court for another hearing, but no decision has been made at this time.

[Photo by AJ Mast/AP Images]

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