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A federal judge acted properly in sentencing former Subway pitchman Jared Fogle to more than 15 years in prison, prosecutors said in a response to his appeal in which they cited text messages illustrating his multiple efforts to find teenagers for sex. Fogle's attorneys argued in their February brief detailing the grounds for their appeal of his sentence that a federal judge abused her authority by giving him a sentence three years longer than the maximum prosecutors had sought.
Circuit Court of Appeals in Chicago follows Fogle's appeal of the 188-month sentence he received in the sexual conduct and child pornography case that ended his career as a spokesman for the restaurant chain.
The government's response includes texts Fogle exchanged with adult escorts, some of which were read aloud during his November sentencing.
In one, Fogle asks, "Did you find me some young girls or boys?
But by the time Mickiela was in eleventh grade, the government had given recruiters another advantage as well: the No Child Left Behind Act of 2001.
The act stipulates that no public high school can qualify for federal money unless it gives the address and telephone number of every student to the military and allows recruiters access to the school.
Any family that wants to keep its address private has to submit a form saying so, but most people don't know this.
As part of his plea deal, Fogle agreed not to seek less than five years in prison and prosecutors agreed not to seek more than 12½ years. Prosecutors also said the judge acted "permissibly and reasonably" in considering elements of the case against Fogle that included conduct for which he was not charged, including his pursuit of younger teenagers.
The government also said Fogle could have stopped Taylor from secretly filming some minors with hidden cameras as they were nude, changing clothes or engaged in other activities.