Sentencing / Post-Conviction

Former Subway pitchman Jared Fogle's sentence upheld by 7th Circuit

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Jared Fogle

Jared Fogle. Ga Fullner /

The 188-month federal sentence of Jared Fogle, the former Subway pitchman who in 2015 pled guilty to traveling across state lines to have sex with a minor, and conspiracy to distribute and receive child pornography, was upheld Thursday.

Fogle argued that he was improperly sentenced based on “things he didn’t do or fantasies he may have had,” the Indy Star reports.

“Rather, the district court properly discussed Fogle’s persistent attempts to find minors to have sex with in exchange for money as part of the [sentencing] analysis,” Judge Joel Flaum wrote for the 7th U.S. Circuit Court of Appeals. “The district court also appropriately considered the perverse nature and circumstances of the offenses.”

That included an alleged obsession with child pornography and having sex with minors, the appellate panel wrote, and sufficient evidence that Fogle repeatedly sought out minors for sex.

Between 2011 and 2015, Fogle’s friend and employee, Russell Taylor, produced child pornography at his home using secret cameras, according to the opinion. The investigation of Taylor led police to Fogle. Police connected Fogle to two victims of child prostitution, the opinion notes, who were 16 and 17 years old. The investigation reportedly found that Fogle also tried to procure minors through adult prostitutes in Virginia, Missouri and Las Vegas.

Fogle is serving his sentence at the Englewood Federal Correctional Institution, which is in Littleton, Colorado. His sentencing agreement also required him to pay $1.4 million in restitution to victims.

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