UPDATE: Ex-Subway pitchman Fogle planning appeal


Attorney Ron Elberger said Tuesday that he's appealing Fogle's sentence, but he declined to discuss why in detail. He filed the notice of appeal in federal court in Indianapolis on Monday.


Judge Tanya Walton Pratt on Nov. 19 sentenced Fogle to more than 15 years in prison, though, giving him grounds to appeal because it exceeded the maximum term prosecutors agreed to pursue.

Assistant U.S. Attorney Steven DeBrota, who prosecuted the case, said he couldn't comment because Elberger hadn't filed a brief detailing the grounds for Fogle's appeal. Elberger said he has to file that brief by Jan. 25.



Fogle has been transferred to the federal prison in Oklahoma City after initially being held in a county jail in Kentucky. At sentencing, Walton recommended he serve his time at a federal lockup in Littleton, Colorado, that specializes in sex-offender treatment.



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