Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
Attorney Ron Elberger said Tuesday that he's appealing Fogle's sentence, but he declined to discuss why in detail. He filed the notice of appeal in federal court in Indianapolis on Monday.
Fogle pleaded guilty last month 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 12-1/2 years behind bars.
Judge Tanya Walton Pratt on Nov. 19 sentenced Fogle to more than 15 years in prison, though, giving him grounds to appeal because it exceeded the maximum term prosecutors agreed to pursue.
Assistant U.S. Attorney Steven DeBrota, who prosecuted the case, said he couldn't comment because Elberger hadn't filed a brief detailing the grounds for Fogle's appeal. Elberger said he has to file that brief by Jan. 25.
The Seventh Circuit Court of Appeals in Chicago will hear the 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 child pornography produced by the head of his anti-obesity charity, Russell Taylor.
Fogle has been transferred to the federal prison in Oklahoma City after initially being held in a county jail in Kentucky. At sentencing, Walton recommended he serve his time at a federal lockup in Littleton, Colorado, that specializes in sex-offender treatment.
Taylor was sentenced last week to 27 years in prison after pleading guilty to 12 counts of child exploitation and one count of distributing child pornography.
Prosecutors say Taylor used hidden cameras in his Indianapolis-area homes to secretly film 12 minors who were nude, changing clothes, or engaged in other activities.