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.