Ex-Subway Pitchman Jared Fogle Seeks Shorter Prison Sentence
Source: NBC news
INDIANAPOLIS Former Subway pitchman Jared Fogle asked a federal appeals court on Friday to shorten the more than 15-year prison sentence he received for possessing child pornography and paying for sex with underage girls.
Fogle's attorney argued that that the District Court judge in Indianapolis abused her authority by giving Fogle a sentence three years longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
Fogle pleaded guilty in November to one count each of distributing and receiving child porn and traveling to engage in illicit sexual conduct with a child. As part of his plea deal, he agreed not to seek a sentence of less than five years in prison and prosecutors agreed not to push for more than 12½ years behind bars.
The appeal calls District Court Judge Tanya Walton Pratt's decision "unreasonable," along with asking the Seventh Circuit Court of Appeals in Chicago to throw out the prison term and order resentencing.
"The District Court's ruling also undermines the notions of trust and fairness that undergird our delicate system of plea bargaining," Fogle's appeal said.
U.S. attorney's office spokesman Tim Horty declined to comment on Fogle's appeal.
Fogle admitted that he paid for sex at New York City hotels with girls who were 16 or 17 years old and that he had received some child pornography produced by the one-time head of his anti-obesity charity, Russell Taylor. Fogle also paid a total of $1.4 million to his 14 victims, with each getting $100,000.
Read more: http://www.nbcnews.com/news/us-news/ex-subway-pitchman-jared-fogle-seeks-shorter-prison-sentence-n522121?google_editors_picks=true
Feeling the Bern
(3,839 posts)davidpdx
(22,000 posts)But if the judge accepted the plea deal he should have sentenced him to between 5-12 1/2 years. They should drop it to 12 1/2 since that was the max. By doing the plea deal the prosecutor lost a lot of leverage as I believe there were multiple charges. Those charges could have been run consecutively (assuming he'd been convicted in a trial) if they really wanted to put him away for awhile.
Blasphemer
(3,261 posts)The article says that prosecutors agreed not to push for more than 12 1/2 years. They may well have upheld their end of the deal and asked for 12 1/2, but the judge decided on 15.
Tab
(11,093 posts)but I thought he was tried in Federal court.
A judge usually outrules a prosecutor if (s)he is sufficiently pissed about the crime and the punishment recommended. Not sure what laws attend. IANAL.
msanthrope
(37,549 posts)every defendant takes.
jtuck004
(15,882 posts)Don't have any real sympathy for him, but if yan authority gets a reputation about not being forthright and honest in their plea deals it seems like that could come back to bite them.
Unless he did something to cause that change.
Vinca
(50,302 posts)marble falls
(57,154 posts)JCMach1
(27,569 posts)He deserves every minute in jail and more.
Kittycat
(10,493 posts)underpants
(182,868 posts)Tab
(11,093 posts)But I doubt he'll be gaining any weight.
cannabis_flower
(3,765 posts)Many inmates gain weight because they feed them a high-carb, cheap diet with little fruit and vegetables. OJ Simpson has gained considerable weight in prison. Not that I have a lot of sympathy for OJ either.
Tab
(11,093 posts)Fitting, in some way.
cannabis_flower
(3,765 posts)Ham and turkey sandwiches with all the veggies he wants. That's the one I like. I think his diet consisted of having a veggie sub for lunch and a chicken or a ham and turkey for dinner. Actually I think they advertise 6 subs with under 6 grams of fat or something like that. I will say his diet worked for him.
Odin2005
(53,521 posts)Rot in jail.