Jared Fogle Appeals Prison Sentence: Based On Fantasies, Not Acts, Argues Attorney

Once best known for posing alongside the ginormous pants he used to wear before slimming down thanks to an all-Subway diet, Jared Fogle is now far better known as a convicted felon sentenced to more than 15 years in prison after pleading guilty to possessing child pornography and crossing state lines with the intent of having sex with minors,

Fogle was back in court today in an attempt to shorten his 15-and-a-half-year sentence, his lawyer arguing before a panel of judges that the judge in the case sentenced Fogle to more than the maximum sentence of 12-and-a-half years, reports CBS News in Chicago.

Related: Jared Fogle Sentenced To 15 Years, Blames Subway Diet For Sex Crimes

Furthermore, Fogle’s attorney — Ron Elberger — argued that the disgraced sandwich spokesman shouldn’t be sentenced so harshly considering he never followed through on his sexual desires (documented in creepy conversations captured on audio), but merely fantasized about them. “It was all talk and no substance because with regard to those conversations there was no ultimately chargeable criminal conduct,”; said Elberger.

As for the child porn charges, Elberger contends that Fogle neither produced it nor distributed it, but merely possessed it after it was given to him by Russell Taylor, the former head of Fogle’s charity (Taylor was sentenced to 27 years in prison, and attempted suicide while behind bars).

Related: Former Subway Pitchman Jared Fogle Beaten Up In Prison

On the flip side, Assistant US Attorney Steve DeBrota (who successfully prosecuted the case) argued to the appeals judges that the tough sentence was appropriate, as Fogle knew who was producing the child porn in his possession, as well as the fact that he travelled throughout the U.S. seeking out sex with minors.

“I think Judge Pratt gave more than a dozen reasons why she ordered a sentence a little higher than I requested — and I think those reasons are solid under the law,” said DeBrota.

The decision on whether or not Fogle’s sentence will be reduced will be issued in writing, and may take several months to be made.
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