Ex-Subway pitchman Jared Fogle asks appeals court to cut sentence

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By: Associated Press

In this Nov. 19, 2015 file photo, former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis. Fogle is being sued by a girl who's one of the victims in the sex crimes case that sent him to prison for more than 15 years. The federal lawsuit filed Tuesday, March 15, 2016, names Fogle and the former head of his anti-obesity charity, Russell Taylor. It also names Taylor's wife. (AP Photo/Michael Conroy)

CHICAGO (AP) — An attorney for former Subway pitchman Jared Fogle says his client’s more than 15-year prison sentence isn’t justified, arguing that the sentencing judge mistakenly believed he was involved in producing child pornography.

Defense attorney Ron Elberger made the argument Friday while asking for a reduced sentence during a hearing before the 7th U.S. Circuit Court of Appeals in Chicago.

Fogle pleaded guilty last year to possessing child pornography and paying for sex with underage girls.

The Indianapolis Star reports that Elberger told the court that Fogle didn’t see all the child pornography produced by the former director of Fogle’s anti-obesity foundation.

Federal prosecutors maintain that the judge acted within her discretion despite giving Fogle a longer sentence than the 12½ years they recommended as part of a plea agreement.