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September 16, 2015
Federal child porn downloaders complaining to judges about Jared Fogle's (too sweet?) plea deal
This local article from Indiana, headlined "Convicted sex offenders object to Fogle's proposed plea deal," reports that at least a couple of incarcerated federal child pornography offenders have written to a federal judge to complain about how federal prosecutors used their discretion to resolve sex offense charges against former Subway pitchman Jared Fogle. Here are the basics:
Sex offenders in prison right now around the country are writing the judge here in Indiana handling the Jared Fogle case, upset over his possible plea deal.
In the letters — one from an inmate in Tucson, the other from an inmate in Florida — both talk about the time they are serving for distribution of child pornography. One is serving a 40-year sentence, the other 16.5 years.
They are critical of Fogle's plea deal that could have him serve 5- to 12.5 years behind bars. They argue they are serving far more time for child pornography, and Fogle is also accused of having sex with underage girls. Both asked for the judge to deny the plea deal. Fogle's sentencing is set for November 19.
These two inmate letters make for fascinating reads and they can be accessed at this link. Among other stories, these letters provide an interesting perspective on how federal prosecutorial discretion can and does contribute to federal sentencing disparity and on how this disparity is perceived by those most impacted by it. Notably, in a post last month I asked, Has Jared Fogle gotten a sweetheart plea deal and/or celebrity treatment for sex crimes?, and the question prompted a good comment dialogue. Obviously, some federal child porn offenders think the answer to this question is obviously yes.
Prior related posts:
- Subway pitchman and his "Jared Foundation" subject to serious child porn investigation
- What sort of child porn federal plea deal might be in works for Subway pitchman Jared Fogle?
- Even with plea deal, Subway pitchman Jared likely facing at least a decade in federal prison for sex offenses
- Has Jared Fogle gotten a sweetheart plea deal and/or celebrity treatment for sex crimes?
September 16, 2015 at 12:25 PM | Permalink
Comments
There's no link to the article. Please include it as I wish to send it to a certain prosecutor I know... :)
Posted by: Jeremy Noel | Sep 16, 2015 1:13:45 PM
Links to the letters are included in the article.
The judge's name is Mark J. Dinsmore. Now, he's a magistrate judge. Is he allowed to impose sentencing that is not in line with the plea deal? I appreciate any insight here.
Posted by: Eric Knight | Sep 16, 2015 2:40:48 PM
Doug,
Given the sums of money involved here I'm very surprised that you have not made any note of our good friend Paroline. I wonder how much Kennedy's opinion and the failure of Congress to come up with any system influenced the prosecutor's acceptance of Jared's bribe.
Posted by: Daniel | Sep 18, 2015 5:34:26 PM
Eric --
A magistrate judge may conduct a plea hearing, during which the judge will ask the defendant questions to ensure the plea is knowing and voluntary, and that there is a factual basis for it. After that, the judge will issue a "report and recommendation" to the district judge whom the case is assigned to (district judges often farm out ministerial tasks like conducting bail or plea hearings to magistrates). The report usually recommends adopting the plea. I've never seen a case where a magistrate recommends rejecting it, but I suppose it could happen. The district judge can either adopt or reject the magistrate judge's recommendation. If the district judge was inclined to reject the plea, he or she would probably give the parties (and possibly the victims) an opportunity to be heard on that question. So, ultimately, the acceptance and entry of the plea is up to the district judge. A judge can certainly reject a plea if it appears unjust under the circumstances. That's rare, but does happen. One type of plea binds the court to an agreed sentencing range if the court accepts the plea; another type makes an agreed sentencing recommendation but does not bind the judge. (I can't recall which kind Fogle is entering here.) If it's the latter type, the judge can accept the plea, note the parties' agreed range, and go outside it (although not below the mandatory minimum or above the statutory maximum). So, it's not a sure thing that Fogle will get between 5 and 12.5 years, although that's the most likely outcome.
Posted by: Person | Sep 18, 2015 5:44:29 PM
I just wanted to report someone that is the doing kitty p*** and he is disgusting man with with kids and I didn't know about it and he use my phone and all of a sudden I started getting some weird messages and I had gotten some kind of Kitty point on the phone and it disappeared I was going to take it to the police department and he's getting away with it and he still is and I don't know what to do his name is Jonathan Allen Fredericksburg Texas and I don't know where he lives he lives on the street he needs to be caught and makes me sick I have four grandkids and I try to help and then I didn't even know anything about his life he doesn't report that he does sex offenderand by the way he wants to leave the state run so he won't get caught he wants to run out of the country to Mexico he stolen money and he wants to run here's a copy of a psychopath narcissist liar try to kill my friend poison him with rat poison he needs to be caught that's my opinion and I'm not a student. all I know is his name is Jonathan Allen that's all I know he's a sex offender he is on a sex offender on the post you look it up on the sex offenders yes is on there
Posted by: Merlinda C | Nov 8, 2015 8:43:27 AM
