The attorney for former Subway spokesman Jared Fogle will have to refile his appeal within one week because the Seventh Circuit Court of Appeals says it was submitted incorrectly.
A judge sentenced Fogle to 15.5 years in prison and a lifetime of parole in November after he pleaded guilty to child pornography and sex crimes. That sentence was more than the 12.5 years federal prosecutors asked for.
Fogle's appeal claims his sentence is unreasonable because it exceeds sentencing guidelines:
Fogle will now spend three more years away from his children than the Government thought appropriate on this record. This result is procedurally and substantively flawed and unreasonable. The District Court's ruling also undermines the notions of trust and fairness that undergird our delicate system of plea bargaining. This Court should reverse and remand for resentencing with appropriate instructions to the District Court.
The appeal must be refiled within seven days.