4 fast facts:
- Federal appeals court upheld 15.5-year sentence for former Subway pitchman Jared Fogle.
- Fogle’s attorney argued the sentence wasn’t based off facts in the case.
- Attorney says he’s not sure how they will proceed after this ruling.
- Case could potentially go before United States Supreme Court.
CHICAGO, Ill.– A federal appeals court upheld the sentence Jared Fogle received for child pornography and child sex charges.
Fogle’s attorney Ron Elberger argued in front of a panel of judges in a Chicago courtroom last month that Judge Tanya Walton Pratt overstepped her authority when she sentenced Fogle back in November 2015 in Indianapolis.
Pratt sentenced the former Subway pitchman to 15 and a half years in prison despite the fact that the maximum prison sentence prosecutors recommended in accordance with a plea on child pornography and child sex charges was 12.5 years.
Elberger argued that Pratt erroneously sentenced Fogle on his fantasies – not the facts. He also emphasized that Fogle did not produce or distribute child porn, and he just took what Russell Taylor gave him.
The court ruled Thursday that Pratt’s sentence was proper in this case.
Elberger told CBS4 he and his client have not decided how they will proceed from here, but the case could go to the United States Supreme Court.