Nov 16, 2017
Indianapolis, IN - A jailhouse lawyer's attempt to have former Subway spokesman Jared Fogle's federal conviction overturned has failed.
In 2015, Fogle pleaded guilty to one count of distributing or receiving child pornography and one count of traveling to engage in illicit sexual conduct with a minor, according to Courthouse News.
Fogle was sentenced to 15 1/2 years in prison, and must serve 13 years before he will be eligible for parole, according to ABC News .
Frank Pate, Fogle's cellmate at Englewood Federal Correctional Institution in Littleton, Colorado, filed the motion for Fogle on grounds that he is "a sovereign citizen."
A sovereign citizen is someone who believes they are not subject to laws or governed by authorities.
Fogle never claimed sovereign citizenship in any of his prior court hearings or trial, nor in his appeal, which was denied in 2016.
U.S. District Court Judge Tonya Pratt shot down Fogle’s cellmate’s motion on Nov. 8.
“If Fogle is now claiming to be ‘sovereign,’ the Seventh Circuit has rejected theories of individual sovereignty, immunity from prosecution, and their ilk,” Pratt said.
“Regardless of his theory, Fogle’s challenge of this court’s jurisdiction is rejected,” she said.
At Fogle's sentencing hearing in 2015, the Justice Department said he had been charged with obtaining and looking at child pornography "to fuel his sexual fantasies involving children."
Prosecutors said during his trial that he had traveled to New York to have sex with a 17-year-old girl, and then returned on two additional occasions to pay for sex with two other underage girls. They said that he knew his victims were under the age of 18.
Fogle agreed to pay restitution in the amount of $1.4 million to 14 victims in the case, and forfeit assets in the amount of $50,000.
He was Subway's pitchman for 15 years, and became known as the “Weight Loss” guy who lost 245 pounds eating Subway sandwiches.