CALL 6: Appeal filed in Jared Fogle case

Slams judge for imposing higher sentence

Jared Fogle is making a plea to get out of prison early. The former Subway spokesperson filed an appeal Friday after pleading guilty to child porn charges last year. 

Fogle's appeal was not filed correctly, so his lawyer has seven days to get that done. Fogle wants the appeals court to force the federal judge to give me a lighter sentence. 

Fogle's legal team argues that he made a deal with the government to get 12 years. The judge decided it was within her rights to impose an extra three years. 

MORE | What's next for Jared Fogle? | Jared Fogle, ex-Subway spokesperson, sentenced to more than 15 years for sex with minors, child porn | Jared Fogle's full statement at his sentencing 

Fogle's lawyer slams the judge in Indianapolis in the appeal, saying her decision to ignore a plea deal "undermines the notions of trust and fairness" in plea bargaining. 

Fogle's appeal says the judge abused her discretion and her sentence is flawed because it was based on erroneous facts. 

"He is experiencing and fully appreciates the painful consequences of his conduct and he will continue to do so. These experiences will serve more than enough motivation for Fogle to never commit such crimes again," the filing said. 

Now a panel will review the 83 page packed and decide whether valid points are argued. 

The filing provides some new glimpses into the case. For example, Fogle's team says he had sex with two minors, but they were the underage of 16, but they were kids. They also point out that he got medical attention for his "hypersexuality," but they don't acknowledge that it happened after his Zionsville home was raided.

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