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Federal appeals court upholds Jared Fogle's sentence

Posted: 3:42 PM, Jun 09, 2016
Updated: 2016-06-09 23:59:39Z

INDIANAPOLIS — A federal appeals court has upheld the sentence given to former Subway pitchman Jared Fogle.

Fogle's attorney, Ron Elberger, argued last month before the 7th Circuit Court of Appeals in Chicago that his client's sentence was excessive and based on "fantasies" and acts Fogle didn't commit.

Fogle and federal prosecutors had agreed to a plea that would call for no more than 12.5 years in prison, and no less than five.

Instead, Judge Tanya Walton-Pratt sentenced Fogle to 15 years and eight months in prison, saying the former spokesman had lived for years in a "web of deception and depravity."

On Thursday, the 7th Circuit handed down its ruling, saying it found Fogle's arguments "unpersuasive."

"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 substantively reasonable," the court wrote in its opinion.

Fogle could still appeal the ruling to the United States Supreme Court.