Fogle has appealed the prison sentence he received last year after being convicted on charges of child pornography and crossing state lines to pay for sex with minors.
Fogle was sentenced to 15 years and 8 months — three years more than federal prosecutors had recommended.
“Fogle will now spend three more years away from his children than the government thought appropriate on this record,” Fogle’s lawyers argued. Fogle has two small children.
The appeal, filed Friday, argued that the sentence was “unreasonable” and should be reconsidered. It said Fogle didn’t plead guilty to making child pornography.
Under the original terms of his sentencing, Fogle was declared eligible for parole in 2029.
He was fined $175,000 and agreed to pay his 14 victims a total of $1.4 million.