Jared Fogle is not getting out of prison anytime soon. RadarOnline.com can reveal exclusive details on an Indiana judge's decision to deny the disgraced Subway spokesperson's desperate plea to be released from prison early.
In the documents obtained by Radar, Fogle made bizarre claims arguing Judge Tanya Pratt had no legal authority to hear his child pornography case because he was wrongfully charged with conspiracy.
"The court failed to address the Notation of 'conspiracy' and the contention of such," Fogle wrote himself at the prison library. "The statute... clearly offers no provision for charging a party with 'conspiracy.'"
Fogle added that he "objects" to the court previously allowing him to "plead guilty and sentence him" for a charge that he says is "not authorized by congress."
Fogle claimed that the conspiracy charges he pled guilty to in 2015 go against his crime of distributing and possessing sexually explicit photos of children.
The 40-year-old also argued against being charged with "four counts of travel in foreign commerce for the purpose of engaging in illicit sexual conduct with a minor." Fogle claimed that this charge — which he pled guilty to — is nonsense because he never actually traveled out of the state to engage in unlawful sexual contact with a child, and had no actual involvement in producing the lewd photos.
On Friday, Judge Pratt shot back and called Fogle's arguments, which were filed on January 11, "frivolous" — noting that federal law specifically covers his convictions.
"The Motion, Notices and Objection are all DENIED..." Judge Pratt ordered.
This isn't the first time Fogle tried to appeal his sentencing. Seven months into his jail time in 2016, Fogle argued that his sentence was based on sexual "fantasies" about children, not criminal actions. A judge blasted his argument and denied his appeal.
Fogle pled guilty to child porn and was sentenced to 15 years and eight months in prison. He has served a little over two years at the Englewood Federal Correctional Institution in Colorado.
Stay with Radar for latest updates on the case.
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