Jared Fogle’s Sentence Gets Upheld By Federal Appeals Court

Jared Fogle’s 16-year prison sentence was reportedly upheld by a federal appeals court on Thursday.

Jared Fogle’s Sentence Is Upheld By Federal Appeals Court

Fogle pleaded guilty last year to possession of child pornography and traveling across state lines to have sex with a minor.

U.S. District Judge Tanya Walton Pratt sentenced Fogle in November to 15 years and eight months in federal prison — a sentence that exceeded both what prosecutors and Fogle’s attorneys had recommended under a plea agreement.

In May, a three-judge panel heard arguments from Fogle’s defense attorney and Assistant U.S. Attorney Steve DeBrota in U.S. 7th Circuit Court of Appeals in Chicago. Fogle’s attorney, Ron Elberger, argued that Pratt abused her power and punished Fogle for conduct he didn’t commit.

Elberger explained during the hearing that fantasizing about a crime is not a crime. Debrota stated that Fogle did act on his fantasies — detailing occasions in which Fogle asked adult prostitutes to give him access to minors.

The judges said they cannot agree with Fogle’s claim that he was improperly sentenced based on “things he didn’t do or fantasies he may have had.”

In the nine-page opinion, 7th Circuit Court Judge Joel Flaum called Fogle’s arguments “unpersuasive,” and wrote that Fogle tried to “downplay” his behavior by insisting he did not ask for the pornography.

Elberger said no decision has been made on Fogle’s next steps. He has the option to ask the appeals court for a rehearing.