From 6" Subs To A 6' X 10' Cell
By now, everyone has heard the news – Subway’s former pitchman, Jared Fogle, is going to prison for distribution of child pornography and for engaging in interstate commerce to have sex with a minor. Fogle has become the butt of many jokes about his appetite for footlongs, tossing salads, and eating fresh, but there’s nothing funny about the many sex crimes he committed.
Fogle pled guilty in an Indiana federal court to multiple sex charges that will land him in federal prison for anywhere from 5 to 12 years. Child pornography charges are often handled in state court, so why did the federal authorities get involved in this case?
- Fogle crossed state lines in order to engage in sexual conduct with a minor
- When child pornography is distributed on the internet, it involves interstate commerce
THE PENALTIES FOGLE FACES
Child pornography carries a mandatory minimum sentence of 10 years in prison. This amount can be higher based on the United States Sentencing Guidelines. Adopted in 1984 by Congress, the Guidelines provide advisory sentencing ranges for use by federal judges so that the sentences imposed by federal judges around the country are generally uniform.
The Guidelines utilize a ‘point system’ in which every crime has a base level offense. In the case of child pornography offenses, points can be added for factors such as the number of images, the presence of sadomasochistic images, or the use of a computer. The more points someone has, the higher their sentence. Sentences can be lowered for acceptance of responsibility (entering a plea agreement), age, and having a minor role in an offense.
HOW CAN FOGLE GET LESS THAN THE MINIMUM SENTENCE
Many defendants charged with federal crimes end up cooperating with authorities. Some testify against co-defendants in drug conspiracy charges, others help officials with the ongoing investigation of white collar crimes of which they have knowledge. In the case of Fogle, he likely provided information and agreed to testify about the individual who molested and sexually abused the children in the videos that were subsequently sent to him.
The Guidelines allow federal prosecutors to file a Motion for Downward Departure if a defendant provides ‘substantial assistance to law enforcement.’ After reviewing a number of different factors, a federal judge can grant the Government’s request by reducing a defendant’s sentence more, less, or the same as prosecutors are seeking.
Fogle’s cooperation may get him less than the 10 year mandatory minimum sentence, but it won’t likely get him the 5 years his criminal defense attorneys will ask for. No matter how much time Fogle gets for distribution of child pornography and engaging in sexual conduct with minors, his sentence in federal prison will not be a cake walk. His notoriety and fortune will make him a target for other inmates; particularly as a sex offender. Worse yet, the Bureau of Prisons is rumored to be negotiating a long term catering contract with Quizno’s.
WE DEFEND CHILD PORNOGRAPHY CASES IN FEDERAL COURT
In over 25 years of practice, we have represented countless clients charged in federal court with child pornography offenses. Whether the charge is possession of child pornography, receipt of child pornography, or distribution of child pornography, we always mount an aggressive defense using our knowledge as a former sex crimes prosecutor and combine it with our years of experience successfully defending clients charged in federal courts both in Arizona and around the United States.
Not all sex criminals are as guilty as Jared Fogle. Sex crimes can come about in the most unexpected ways and harm upstanding individuals. In such cases, you need a strong legal advocate that has successfully navigated the waters of sex crimes defense in Phoenix. At the Law Office of Jason D. Lamm, we have represented a wide array of clients successfully obtaining favorable verdicts.
Contact us today to see how we can help you in your defense.