Former Subway spokesman Jared Fogle is reportedly making an attempt to be let out of prison.
According to TMZ, Fogle, who was sentenced to 15 years and 8 months in prison after he pleaded guilty to possessing child pornography and traveling across state lines to engage in sex with a minor, is making legal moves in an attempt to be released.
Fogle claimed that he should not have been charged with conspiracy because it does not apply to the crime of distributing explicit photos of minors.
The former Subway spokesman also claimed that one of the charges to which he pleaded guilty, traveling in interstate commerce in order to engage in unlawful commercial sexual acts with minors, is not legitimate because he did not travel out of state to engage in sexual contact with a minor and that he did not participate in making explicit photos of children.
According to the Indy Star, Fogle hired a team of lawyers when he was first charged in 2015, which resulted in him pleading guilty to the charges and being sentenced to prison. A year later, he unsuccessfully attempted to appeal his sentence with the help of a public defender. This time, Fogle is representing himself as he challenges his guilty plea and sentence once again.
In November 2017, Fogle filed a U.S. District Court motion or the Southern District of Indiana, seeking to correct what he referred to as a "clear error" in his case.
The motion stated that he "unequivocally" asserted his right to "self-representation" in his case, which he said "has neither been raised by his prior legal advisors nor the District or Circuit courts."
Fogle contended that the federal court did not have the authority to try him for the crimes to which he pleaded guilty.
Fogle based his motion on another filed in his case by Frank Edwin Pate, who is serving a 17-year sentence in connection with wire and mail fraud at the same prison in which Fogle is serving his sentence.
The motion claimed that the federal court had "taken control of (Fogle's) liberty illegally." It asked that if the court is unable to issue a finding supporting its jurisdiction, that it "dismiss all charges, releasing (Fogle) from Federal custody."
Pate was reportedly convicted of running a fraudulent foreign currency exchange scheme, which cost investors nearly $3 million. According to the Indy Star, it is not clear what the connection is between Pate and Fogle, other than the fact that they are both serving sentences in the same prison.
Pate's motion was denied by a federal judge without a hearing.