As part of his plea agreement, Fogle is barred from appealing his conviction but is allowed to protest any prison sentence longer than 12 years and seven months. Fogle received a term of 15 years and eight months.
Tuesday, Fogle’s attorneys filed notice with the court that they will appeal the punishment handed down by federal judge Tanya Walton Pratt on Nov. 19.
Fogle, 38, who is being held at the Federal Transfer Center in Oklahoma City, had asked to be sent to a correctional institution in Colorado where he could continue receiving psychological treatment. Pratt accepted the request but the Bureau of Prisons is charged with making the final determination.
The Federal Bureau of Prisons lists Fogle’s scheduled release date as July 11, 2029, once 85 percent of the sentence is complete. His appeal must be received by the U.S. Court of Appeals for the Seventh Circuit by Jan. 25.