Former Subway pitchman Jared Fogle asked a federal appeals court on Friday to shorten the more than 15-year prison sentence he received for possessing child pornography and paying for sex with underage girls. His attorney said it is wrong for his sentence to be longer than the prosecution’s 12.5-year recommendation.

Fogle’s appeal was filed Friday.

The issue: a judge sentenced Fogle to more than 15 years, which is about three years longer than his plea agreement calls for. Fogle’s attorneys say that sentence is unreasonable and based on erroneous facts.

Fogle’s attorneys point out he never actually had sex with minors and that he did not view images of kids younger than age six.

The U.S. attorney has until late next month to respond before the judges would rule.

Fogle pleaded guilty to one count each of distributing and receiving child porn and traveling to engage in illicit sexual conduct with a child.

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