Jared Fogle is appealing his 15-year prison sentence for child pornography. According to a new report, Fogle is fighting the prison term because the judge who made the ruling wasn’t fair in her reasoning.
TMZ reports Fogle is challenging the judge who sentenced him to more than 15 years in prison because he feels he’s being punished in part for his fantasies, which are not a crime.
Fogle’s legal team is appealing the sentence based on several factors. The main one being that the judge had no right to exceed the maximum sentencing guideline in Fogle’s offenses, which amounted to around 13 years.
Jared Fogle’s attorneys cite a quote the judge who sentence the former Subway pitchman made during the sentencing.
“This defendant is obsessed with child pornography and having sex with minors. He fantasized about it in telephone conversations,” U.S. District Judge Tanya Walton Pratt said during the sentence.
New York Daily News reports that Pratt could have sentence Fogle up to 50 years in prison. Despite that, Fogle’s attorneys are requesting that the Seventh Circuit Court of Appeals in Chicago throw out the prison term and order re-sentencing.
Fogle’s counsel say fantasies have no place in a criminal sentence. They cite another quote revolving around the court’s decision made in Jared’s case that said: “We are loath to give the government the power to punish us for our thoughts and not our actions.”
According to Fogle’s attorneys, the fantasies and “requests to third parties” were never acted upon by Fogle, but played a role in the judge’s decision on ordering the sentence.
Fogle is asking the appeals court to grant him another sentencing hearing in which his actions and not his thoughts are the basis of imposing an appropriate sentence.
“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.