Ex-Subway pitchman Fogle asks appeals court to cut sentence

FILE - In this Nov. 19, 2015 file photo, former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis. Prosecutors have replied to former Subway pitchman Jared Fogle's appeal of his more than 15-year sentence with a court filing Monday, April 18, 2016, that includes text messages illustrating his efforts to find teenagers for sex. The texts were part of Fogle's November's sentencing hearing. He had pleaded guilty to distributing and receiving child pornography and traveling out of state to engage in illicit sexual conduct with a minor. (AP Photo/Michael Conroy, File)

CHICAGO (AP) — An attorney for former Subway pitchman Jared Fogle says his client’s more than 15-year prison sentence isn’t justified, arguing that the sentencing judge mistakenly believed he was involved in producing child pornography.

Defense attorney Ron Elberger made the argument Friday while asking for a reduced sentence during a hearing before the 7th U.S. Circuit Court of Appeals in Chicago.

Fogle pleaded guilty last year to possessing child pornography and paying for sex with underage girls.

The Indianapolis Star reports that Elberger told the court that Fogle didn’t see all the child pornography produced by the former director of Fogle’s anti-obesity foundation.

Federal prosecutors maintain that the judge acted within her discretion despite giving Fogle a longer sentence than the 12 1/2 years they recommended as part of a plea agreement.

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