INDIANAPOLIS — The government responded to Jared Fogle's appeal of his prison sentence of almost 16 years by stressing text messages that the former Subway pitchman sent seeking sex with minors.
The texts, meant to illustrate the extremes to which Fogle went while committing his crimes, were included in a filing to the U.S. Court of Appeals for the Seventh Circuit. They were part of Fogle's sentencing hearing in November but had not been previously reported in detail.
"I'll pay you big for a 14- or 15-year-old," said one text to an adult escort.
Another text said, "Did you find me some young girls or boys?" Fogle wanted the child to be able to prove his or her age, adding, "If they can and you get me 16 or below, I'll give you 400 at least."
Fogle is in prison after pleading guilty to charges involving child pornography and sex with underage prostitutes. He is appealing the sentence — which exceeded federal guidelines — given by federal Judge Tanya Walton Pratt. The sentence also went above the maximum that prosecutors agreed to seek as part of Fogle's plea deal.
While acknowledging Fogle's "inexcusable acts," his lawyers wrote in their court filing, "Even in the (judge's) view, Fogle will not likely reoffend after receiving treatment for 120 months. The question is then: Why sentence him to more than five years beyond that?"
His lawyers argued that prosecutors "knew everything the (judge) knew and still agreed to a below guidelines sentence that adequately reflected the severity of the crimes to which Fogle pleaded."
Government lawyers argued that the sentence was "procedurally proper" and that the judge "thoroughly and appropriately explored the unusual nature and circumstances of Fogle's offenses and his history and characteristics."
The government's filing said "repeated text messages and emails showed Fogle had a pattern: he found adult escorts through the Internet, developed relationships with them, and offered them finder's fees to provide him with access to minors for commercial sex."
It said he did this in "several" places, including Richmond, Va., Kansas City and Las Vegas.
The government quoted the judge as saying he deserved above-guidelines sentencing because of his obsessions with child pornography and having sex with minors.
The filing noted that the judge said that Fogle "went to great lengths to engage in commercial sex acts with underage minors. He bought and offered plane tickets. He reserved and paid for the hotel rooms, made arrangements for the commercial sex acts."
It also quoted Pratt as saying that despite Fogle's privileged upbringing, he engaged in "a web of deceptions and depravity."
Follow Mark Alesia and Tim Evans on Twitter: @markalesia and @starwatchtim
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