Disgraced former Subway spokesman Jared Fogle, who was sentenced to 15.6 years in prison for conspiracy to receive child pornography and traveling to have sex with a minor, thinks that he’s being treated too harshly.
Fogle’s attorney, Ron Elberger, appeared in court on Friday to argue that his client’s sentence was excessive.
Elberger contended that Fogle was wrongly penalized for merely talking about sex with minors, Fox 59 reports.
“It was all talk and no substance because with regard to those conversations; there was no ultimately chargeable criminal conduct,” Elberger told the court.
Fogle formally appealed his sentence late last year.
Countering Elberger’s argument was Assistant U.S. Attorney Steven DeBrota, who contended that the sentence was fitting, as Fogle knew some of his victims, and he knew who was producing the pornography. DeBrota also noted that Fogle traveled the country seeking out sex with minors.
Prosecutors initially recommended a 12.5 year sentence for Fogle. But DeBrota told the court that the extra time was warranted.
“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,” DeBrota said.
In papers filed in response to Fogle’s appeal in May, prosecutors said that Fogle “went to great lengths to engage in commercial sex acts with underage minors. He bought and offered plane tickets. reserved and paid for the hotel rooms, made arrangements for the commercial sex acts.”
The filing continued, “A fair review of the record shows that the district court clearly sentenced Fogle only for his own concrete conduct, which was very serious … The district court did not abuse her discretion in choosing to sentence Fogle above the applicable guidelines range.”