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Tab

(11,093 posts)
Sat Feb 20, 2016, 12:43 AM Feb 2016

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

16 replies = new reply since forum marked as read
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Ex-Subway Pitchman Jared Fogle Seeks Shorter Prison Sentence (Original Post) Tab Feb 2016 OP
This will probably be denied. Feeling the Bern Feb 2016 #1
I'm in no way defending Fogel davidpdx Feb 2016 #2
Are judges beholden to plea deals by prosecutors? Blasphemer Feb 2016 #4
I don't think so, unless it's a state thing Tab Feb 2016 #5
Judges are not bound to accept the terms of a plea deal. That's the risk msanthrope Feb 2016 #9
Wants to be re-sentenced from the value menu. jtuck004 Feb 2016 #3
No sympathy from me. He should have gotten 30 years. Vinca Feb 2016 #6
No sympathy here. He used his wealth to buy down the thirty years he richly deserved. marble falls Feb 2016 #7
Exactly, the DETAILS of this case were VERY, VERY bad... JCMach1 Feb 2016 #13
Too bad. Kittycat Feb 2016 #8
Walk it off Jared underpants Feb 2016 #10
He may only have one hour a day to do that Tab Feb 2016 #11
Actually.. cannabis_flower Feb 2016 #12
So he's in dietary hell Tab Feb 2016 #14
He sure isn't going to get any cannabis_flower Feb 2016 #16
No, fuck you, Jared. Odin2005 Feb 2016 #15

davidpdx

(22,000 posts)
2. I'm in no way defending Fogel
Sat Feb 20, 2016, 03:55 AM
Feb 2016

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)
4. Are judges beholden to plea deals by prosecutors?
Sat Feb 20, 2016, 07:31 AM
Feb 2016

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)
5. I don't think so, unless it's a state thing
Sat Feb 20, 2016, 08:08 AM
Feb 2016

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.

 

jtuck004

(15,882 posts)
3. Wants to be re-sentenced from the value menu.
Sat Feb 20, 2016, 07:01 AM
Feb 2016

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.

JCMach1

(27,569 posts)
13. Exactly, the DETAILS of this case were VERY, VERY bad...
Sat Feb 20, 2016, 02:28 PM
Feb 2016

He deserves every minute in jail and more.

cannabis_flower

(3,765 posts)
12. Actually..
Sat Feb 20, 2016, 02:18 PM
Feb 2016

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.

cannabis_flower

(3,765 posts)
16. He sure isn't going to get any
Sat Feb 20, 2016, 03:01 PM
Feb 2016

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.

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