Ex-Subway pitchman Jared Fogle appealing child porn sentence

INDIANAPOLIS -- Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.

Attorney Ron Elberger said Tuesday he's appealing Fogle's sentence, but he declined to discuss it in detail. He filed the notice of appeal in federal court in Indianapolis on Monday.

Fogle pleaded guilty last month to one count each of distributing and receiving child porn and traveling to engage in illicit sexual conduct with a child.

As part of his plea deal, he agreed not to seek a sentence of less than five years in prison, and prosecutors agreed not to push for more than 12 1/2 years behind bars.

Judge Tanya Walton Pratt sentenced Fogle to more than 15 years in prison, giving him grounds to appeal because it exceeded the maximum term prosecutors agreed to pursue.

Assistant U.S. Attorney Steven DeBrota, who prosecuted the case, said he couldn't comment because Elberger hadn't filed a brief detailing the grounds for Fogle's appeal.