Former Subway spokesman Jared Fogle appeals prison time with sickening new child porn defense

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Disgraced former Subway pitchman Jared Fogle may be depraved, but he’s not much about follow through.

That’s the stance his defense attorney is taking in trying to get Fogle’s nearly 16-year prison sentence reduced, arguing that fantasizing about sexually abusing children is not a crime, the Indianapolis Star reported.

U.S. District Judge Tanya Walton Pratt sentenced Fogle to 15 years, eight months in federal prison back in November after he pleaded guilty to possession or distribution of child pornography and traveling across state lines to have commercial sex with a minor — Fogle took a plea deal expecting a shorter sentence.

At a hearing Friday, Fogle’s attorney, Ron Elberger said Pratt abused her discretion and detailed a number of reasons his client deserves leniency, saying Fogle didn’t play a role in producing child pornography he possessed and even though he frequently talked and fantasized about having sex with minors, he did not actually do so, according to the IndyStar.

Fogle also took responsibility for his actions, showed remorse and sought treatment, Elberger told the 7th U.S. Circuit Court of Appeals in Chicago.

“The mere fact that someone’s fantasizing about a crime or committing a crime, even a crime of violence, is not itself a crime,” he said at the hearing.

The attorney further argues that while Fogle talked about having sex with young children, minors, “that’s all he did.”

“It was all talk and no substance,” Elberger said.

Assistant U.S. Attorney Steve DeBrota countered that Fogle also acted on those fantasies, citing times when Fogle asked adult prostitutes about access to minors.

“None of that was fantasy,” DeBrota said. “That was solicitation.”

He also said Fogle trouble-free upbringing “makes him more blameworthy, not less.”

The IndyStar said the court will issue a ruling on the request for a sentence reduction at a later date.

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