Last month, the longtime spokesman for Subway was sentenced to over 15 years in prison. The charges he was sentenced on were traveling to have sex with minors and possession of child pornography. Because he accepted a plea deal, he is not allowed to file an appeal on his conviction. He is, however, allowed to file an appeal on his sentence because it was over 12 years and seven months. His sentence was 15 years and eight months.
Fogle’s attorney asked that his client be sent to Littleton, Colorado, to serve his sentence so that he could keep receiving psychological treatment. The judge didn’t deny the request, but it is up to the Bureau of Prison. According to the online inmate locator for the Federal Bureau of Prisons, he is in Oklahoma City, Oklahoma. The Admission and Orientation Handbook for the prison in Oklahoma City says the facility is “primarily designed to house …inmates in-transit to other facilities.”
Currently, Fogel’s release date from federal prison is July 11, 2029. There is no parole for federal inmates, and they are required to serve 85 percent of the length of their sentence.
An appeal can be filed in most cases. Defendants hope to either get a conviction overturned or a lesser sentence. An experienced attorney can explain if an appeal is a viable option in your case — even federal cases. In some instances, an appeal may not be the way a defendant wants to go.
It can take months for an appeal to be heard, but the defendant may only have a limited amount of time to notify the court that an appeal is wanted.
Source: The Indianapolis Star, “Ex-Subway pitchman Jared Fogle files notice of appeal,” Mark Alesia and Tim Evans, Dec. 15, 2015