Ex-Subway pitchman Fogle asks appeals court to cut sentence

Former Subway pitchman Jared Fogle leaves the Federal Courthouse in Indianapolis, Wednesday, Aug. 19, 2015 following a hearing on child-pornography charges. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade. (AP Photo/Michael Conroy)

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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