Michael Conroy/AP
Tara Fowler
December 15, 2015 02:20 PM

Ex Subway spokesman Jared Fogle plans to appeal his nearly 16-year sentence, according to court documents obtained by PEOPLE.

Attorney Ron Elberger filed the notice in U.S. District Court in Indianapolis on Monday, the documents show. A judge sentenced Fogle to 15 years and eight months in prison last month for possession of child pornography and traveling across state lines to have sex with a minor.

Fogle, 38, had agreed to plead guilty to the charges in August. As part of the agreement, prosecutors agreed to ask for no more than 12½ years in prison while the defense agreed not to ask for less than five years.

But Judge Tanya Walton Pratt said 12½ years “does not sufficiently account for the defendant’s criminal conduct.”

She added: “The level of perversion and lawlessness exhibited by Mr. Fogle is extreme.”

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At his sentencing last month, Fogle tearfully apologized for the harm he’d done. “Not a day will go by where I won t think of [the victims]. I hope the restitution will help in their lives,” he said.

“It is my intent to learn from these experiences so that I never, ever do these things again,” Fogle continued. “I take full responsibility for what I’ve done.”

Fogle is currently in custody in Oklahoma City, Oklahoma. His release date is currently listed as July 11, 2029.

With reporting by CHRIS HARRIS

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