Fogle pleaded guilty in deal that promised to seek no more than 12 1/2 years behind bars

By Jeff Truesdell
June 10, 2016 12:00 PM
Michael Conroy/AP

Jared Fogle will get no break in his 15-year, 8-month prison sentence for child pornography and illicit sexual conduct with a child, PEOPLE confirms.

On Thursday a federal appeals court in Indianapolis, Indiana, rejected the former Subway pitchman’s appeal to have his 188-month sentence reduced. His attorney, Ron Elberger, had argued that the sentencing judge abused her authority after prosecutors in a plea deal had agreed to seek no more than 12 1/2 years, or 150 months, following Fogle’s guilty plea.

Fogle, 38 pleaded guilty in November to possession of child pornography and traveling across state lines to have sex with two minors, aged 16 and 17.

“In light of the district court’s sound exercise of discretion under the disturbing facts of this case, we uphold the above-guidelines sentence as substantially reasonable,” Judge Joel Flaum of the 7th U.S. Circuit Court of Appeals wrote on behalf of the three-judge panel, which upheld the longer prison term ordered by U.S. District Judge Tanya Walton Pratt.

Defense attorney Elberger tells PEOPLE he had not yet spoken with Fogle about the opinion. But after he does so, “there are options to consider, at which point a decision will be made,” he says about his next steps.

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Fogle currently is serving his sentence at the Federal Correctional Institution Englewood in suburban Denver, Colorado.

After Fogle appealed his sentence in February, prosecutors responded with court documents containing his text messages with adult escorts allegedly showing that he tried to arrange sexual encounters with minors.

Prosecutors argued the sentence he received was appropriate for his conduct, which included engaging in negotiations with prostitutes “who he later contacted during his travels to offer finder’s fees in exchange for helping him to locate minors he could sleep with for money,” according to the prosecution’s filing.

Fogle’s defense, however, had argued the severity of Fogle’s sentence reflected that he was being punished for “thoughts” and “fantasies,” and that some of those fantasies were never played out.

Prosecutors responded by writing that Fogle “deserves no leniency for being thwarted in his attempts to exploit more children than he already had.”

At the time she sentenced Fogle to 188 months behind bars followed by a lifetime of supervision, Judge Pratt said, “The level of perversion and lawlessness exhibited by Mr. Fogle is extreme.”